KOL478 | Haman Nature Hn 185: The Universal Principles of Liberty

Kinsella on Liberty Podcast: Episode 478. Related: The Universal Principles of Liberty Announcing the Universal Principles of Liberty Fusillo on the Universal Principles of Liberty and Liberland KOL473 | The Universal Principles of Liberty, with Mark Maresca of The White Pillbox Selling Does Not Imply Ownership, and Vice-Versa: A Dissection, in Legal Foundations of a Free Society A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability and Inalienability and Punishment: A Reply to George Smith, in Legal Foundations of a Free Society Disentangling Legal and Economic Concepts Dualism, Monism, Scientism, Causality, Teleology: Hoppe, Mises, Rothbard Libertarian Answer Man: Mind-Body Dualism, Self-Ownership, and Property Rights God as Slaveowner; Conversations with Murphy Mises on God KOL293 | Faith and Free Will, with Steve Mendelsohn  This is my appearance on Adam Haman’s podcast and Youtube channel, Haman Nature (Haman Nature substack), Kinsella's Legal Treatise On Universal Principles Of Liberty | Hn 185 (recorded Nov. 9,  2025; released Dec. 9, 2025). https://youtu.be/tc-hdB_yiS4?si=icPwq5mSS6nDU8LP Adam's show notes: On this episode of Haman Nature, libertarian poker pro Adam Haman is joined once again by libertarian legal theorist (and patent attorney who despises IP) Stephan Kinsella about his new creation: The Universal Principles of Liberty. (apologies, folks - my mic was a bit wonky on this one) 00:00 -- Intro. Welcoming author, attorney, world-traveler, and all-around great guy Stephan Kinsella! 02:54 -- What are "The Universal Principles of Liberty", and why should we be excited by it? 11:40 -- What is a "person"? What is "property"? Why are these things so important to think about clearly? 34:24 -- This simple and elegant document can handle deep and complex issues. 47:54 -- When (and why) does selling not imply ownership, and vice-versa? What does "dualism" have to do with this? What's the confusion between economics and law when dealing with this stuff? 56:53 -- Outro. Go comment on TUPoL! (linked below) Thanks for watching Haman Nature!  Shownotes, links, grok summary, and transcript below. Shownotes (Grok) Haman Nature Podcast – Show Notes Guest: Stephan Kinsella Host: Adam Haman Episode Topic: The Universal Principles of Liberty – A New Foundation for Free Societies   0:00 – Opening Banter & Liberland Passport Shenanigans Stephan shows up in casual clothes after taking a suit-and-tie selfie… for his upcoming Liberland passport photo   Only a libertarian would put on half a suit to pretend to be a government just to get a passport   Stephan is heading to Prague in December 2025 for the signing and announcement of the Liberland Constitution 1:04 – Who is Stephan Kinsella? Patent attorney turned leading anarchist legal theorist   Author of Against Intellectual Property and Legal Foundations of a Free Society   Recent Vegas trip with Adam: helicopter into the Grand Canyon, Venetian St. Mark’s Square (tacky but awesome) 2:59 – Introducing “The Universal Principles of Liberty” (TUPoL) A one-page, elegant, civil-law-style statement of libertarian metanorms   Not a constitution, not a detailed legal code – a foundational layer that private legal systems can build upon   Voluntary opt-in document: you must explicitly sign on to be bound   Purpose: foster conflict-free interaction through reason, experience, and ethics – no state decree, no majority vote 5:09 – Origin Story: From Liberland → Bir Tawil → Universal Principles Stephan helped draft Liberland’s early (still statist) constitution but was uneasy as an anarchist   Long history of libertarian startup-country projects (Seasteading, Atlantis, Prospera, etc.)   Max (FreeMax) approached Stephan about Bir Tawil (unclaimed land between Egypt & Sudan) and wanted principles instead of a state   Co-drafters: Hans-Hermann Hoppe, Alessandro Fusillo, David Dürr, Pat Tinsley 9:16 – Why This Document Now? Refinement of 30+ years of libertarian legal theory (Rothbard, Hoppe, Kinsella)   Earlier concise restatement now in the Libertarian Party platform (plank 2.1/2.2)   Goal: a short, uncontroversial, legally precise statement that any free society can point to 11:40 – Key Features & Definitions “Person” = any sentient being capable of moral agency (includes possible AGI/aliens, excludes animals)   Rights are exclusively property rights in scarce physical resources (no “right to life,” no IP)   Self-ownership is primary and inalienable (the Walter Block voluntary-slavery debate settled against alienability)   Body rights can only be forfeited by committing aggression (proportional punishment/restoration justified) 20:01 – Freedom is a Consequence, Not a Primary Right No need for enumerated positive rights (speech, religion, warm baths)   All legitimate freedoms flow from property rights in body and external resources 23:25 – Why Self-Ownership is Inalienable (and Walter Block is wrong) Body ownership arises from direct embodiment/control, not homesteading   You can abandon or sell homesteaded external resources; you cannot abandon “you”   Contracts are title transfers, not enforceable promises 29:12 – Punishment, Outlaws, and Estoppel Aggressors implicitly consent to proportional defensive/enforcement force   No need for prior signed contract with an outlaw – committing aggression waives the right to complain 34:26 – Weapons of Mass Destruction Clause (Article 8) Indiscriminate devices that cannot be aimed solely at aggressors are legitimately restrictable   Practical insurance/neighborhood covenants would handle most cases anyway 37:39 – Evidentiary Standards Borrowed from Tradition Severe remedies require heightened standards (e.g., beyond reasonable doubt, jury nullification rights)   Roman & common law are largely libertarian and will serve as starting points 40:41 – Select Unjust Laws & Aspirational Closing Explicitly lists taxation, IP, conscription, etc. as unjust   Beautiful final paragraph: “We bow to no state… no power on earth will stop us” (mostly written by Max) 42:47 – Why Law Must Develop Organically (Quote from Stephan’s blog) Detailed armchair legal codes are premature and counterproductive   Law evolves case-by-case through real disputes, custom, and decentralized courts 47:58 – Deep Dive: “Selling Does Not Imply Ownership” & Misesian Dualism Crucial distinction between possession/control (causal/economic) and legal ownership (normative)   Robinson Crusoe has possession but no ownership   Labor/services are not ownable – employment contracts are conditional title transfers of money, not sales of “labor”   Confusing the two realms leads to the fallacious justification for intellectual property 1:06:20 – Free Will, Compatibilism, and Scientism In the causal realm there is no free will (no downward causation)   In the teleological realm of human action we unavoidably treat people as purposeful choosers   Stephan’s “Misesian compatibilism” – both views are correct in their respective domains 1:16:53 – Closing & Future Plans Stephan will push to have TUPoL incorporated into the final Liberland Constitution (to the extent compatible)   Next big project: new comprehensive book on IP/copyright titled Copy This Book   Where to find everything: stephankinsella.com | Universal Principles of Liberty poster & text freely available Links   The Universal Principles of Liberty full text & poster: https://www.stephankinsella.com/principles/   Stephan’s blog announcement: https://stephankinsella.com/2025/08/announcing-the-universal-principles-of-liberty/   Adam’s original Substack post: https://hamannature.substack.com/p/kinsellas-legal-treatise-on-universal Enjoy the episode and go read (and sign!) the Universal Principles of Liberty! Transcript (Youtube/Grok): Haman Nature Interview: Stephan Kinsella on The Universal Principles of Liberty (Corrected transcript – spelling, punctuation, minor grammar, no paraphrasing. Long speaking blocks broken into ≤10-sentence paragraphs. Topical headers with timestamps added.) Opening Banter & Liberland Passport Story [0:00] Adam Haman: Intro. Welcoming author, attorney, world-traveler, and all-around great guy Stephan Kinsella! [0:00] Stephan Kinsella: You forgot your cue. I told you to ask me about my adventure this morning and putting on a suit and tie. [0:06] Adam: I thought that was off because you, sir, are not wearing a suit and tie anymore. [0:11] Stephan: I know. So it wasn’t for you. You know how people—well, I don’t want to mess my shirt up. I can reuse it now. You know how it’s probably common knowledge now that ever since the Zoom era, a lot of people were telecommuting and so they would put on a shirt and tie but they were wearing shorts underneath, right? [0:37] Stephan: So I did something this morning and I was thinking only a libertarian would do this. I put on a suit and tie to take a photo of myself because I need a passport photo. But I don’t need a regular passport photo. I need a photo that I can use for my Liberland passport because I’m going to Prague in December for the signing and announcement of the Liberland Constitution. Formal Introduction [1:04] Adam: Hello and welcome to Haman Nature. I am Adam Haman and that fine fellow fiddling with his pipe on a Houston morning is one Stephan Kinsella. How you doing, sir? [1:15] Stephan: I’m in fine fettle. You’re fine fettle and a fine fellow. [1:22] Adam: For those of you who just woke up underneath a rock, Stephan Kinsella is a legal theorist, one of our best, and also the author of this highly influential book here,