Posts Tagged ‘Legal Theory’
June 10th, 2010 at 2:14 pm
Conservatives, Libertarians & Legal Theory

The media often paint non-liberal legal thinkers with broad brush strokes, a failure of reporting that hides some very important distinctions between libertarians and conservatives.  That’s why Reason’s Damon Root does a public service in explaining the fault lines in right-of-center legal thinking that are emerging over the most recent gun rights case, McDonald vs. City of Chicago.  The Supreme Court’s decision could land any day, so before it does, make sure to check out Root’s cogent description of the politics behind the process of winning more freedom for individuals through litigation.

It’s definitely worth the read.

December 14th, 2009 at 8:02 pm
Tiger Woods Inspires Libertarian Case for Legalizing Blackmail
Posted by Print

Here in Los Angeles, talk radio guru Bill Handel conducted a provocative interview today with Stephan Kinsella, an intellectual property lawyer from Texas who is also a libertarian legal theorist associated with the Ludwig Von Mises Institute.

Kinsella is an interesting guy. He is a patent lawyer, yet doesn’t believe in the legitimacy of intellectual property rights.  But his current cause is making the case that blackmail should be legal.  Kinsella points to the recent sex scandals surrounding Tiger Woods and David Letterman and notes that Woods bribing former paramours to keep quiet would be legal, whereas Robert Halderman’s attempt to solicit a bribe from Letterman in exchange for his silence got him arrested. 

Kinsella is in favor of extortion laws that seek to deter the use of force, but sees no reason to prohibit seeking money for the preservation of someone’s reputation (making the interesting case that no one has a right to what other people think of them).  Many (maybe even most) listeners will disagree, but there’s plenty of interest to listen to here.