Kinsella On Liberty KOL424 | Legal Foundations of a Free Society, “What is Money” with Robert Breedlove
Feb 15, 2024
Stephan Kinsella, lawyer and libertarian legal theorist and author of Legal Foundations of a Free Society, discusses self-ownership and how bodily control grounds property. He examines property as a right to exclude, critiques intellectual property, explains homesteading and contracts as title transfers, and explores forfeiture, inalienability nuances, and the effects of state monopoly on ownership.
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Self-Ownership Is Foundational
- Self-ownership is the foundational libertarian right because it grounds control over all other resources.
- The non-aggression principle is essentially a shorthand for everyone owning their body and withholding consent to its use.
Property Rights Are The Right To Exclude
- Property rights are best understood as the negative right to exclude others from using a resource.
- Framing rights as exclusion avoids paradoxes and prevents justifying intellectual property that limits others' use of their own resources.
Why Intellectual Property Conflicts With Exclusion
- Intellectual property creates negative servitudes that limit how others use their own property without consent.
- IP conflicts with the exclusion-only conception of property and thus undermines the goal of reducing conflict.
