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Kinsella on Liberty Podcast: Episode 463. A followup discussion with André Simoni of Brazil about some questions he had about applying my/Rothbard's title-transfer. See also KOL457 | Sheldon Richman & IP; Andre from Brazil re Contract Theory, Student Loan Interest Payments, Bankruptcy, Vagueness, Usury. Grok Shownotes: 0:00–29:42] In this episode of the Kinsella on Liberty podcast (KOL463), Stephan Kinsella engages in a follow-up discussion with André Simoni from Brazil, building on their prior conversation with Sheldon Richman (KOL457). The dialogue begins with André revisiting his concerns about usury, fractional-reserve banking, and the nature of loan contracts, proposing a libertarian limit on interest rates to prevent exploitative lending practices that could lead to effective enslavement. He argues that modern financial systems, including fractional-reserve banking and fiat currency, are interconnected mechanisms designed to promote unsustainable economic activity, drawing insights from Doug French's book Walk Away. Kinsella challenges André's framing, particularly his view of loan contracts as bilateral exchanges, asserting instead that they are unilateral title transfers under Rothbard's title-transfer theory of contract. The discussion delves into the impracticality of “smart contracts” and escrow-based performance bonds, highlighting the inherent uncertainties in contractual damages and future obligations. [29:43–1:39:34] The conversation shifts to a deeper exploration of risk, inalienability, and the moral hazards embedded in modern banking systems. André connects usury and fractional-reserve banking, arguing that banks exploit depositors and borrowers by offloading risk while profiting as intermediaries, creating a system akin to a Ponzi scheme propped up by state interventions like deposit insurance. Kinsella agrees that the current system is corrupt but emphasizes that in a free market with full disclosure, such practices would be unsustainable due to economic realities and the inability to insure against systemic risks. They discuss the legitimacy of loan contracts, with André expressing concern about contracts that shift excessive risk to borrowers, potentially violating inalienability principles. The episode concludes with a discussion on corporations and limited liability, with André suggesting that corporate structures exacerbate risk-shifting, while Kinsella defends the contractual basis of corporations, referencing his prior discussions with Jeff Barr (KOL414, KOL418). Links to further resources and a promise to continue the dialogue are provided. Youtube Transcript and Detailed Grok Summary below. https://youtu.be/8AfTdeiDJD0 Links: Mercadente, The Illiberal Nature of Limited Liability: A Libertarian Critique Recent Grok conversation Libertarian Answer Man: Legal Entities and Corporations in a Free Society (Feb. 29, 2024) Libertarian Answer Man: Corporations, Trusts, HOAs, and Private Law Codes in a Private Law Society (Nov. 11, 2023) KOL414 | Corporations, Limited Liability, and the Title Transfer Theory of Contract, with Jeff Barr: Part I KOL418 | Corporations, Limited Liability, and the Title Transfer Theory of Contract, with Jeff Barr: Part II On Coinbase, Bitcoin, Fractional-Reserve Banking, and Irregular Deposits UK Proposal for Banking Reform: Fractional-Reserve Banking versus Deposits and Loans Musings on Fractional-Reserve Banking in a Bitcoin Age; Physicalist Shock Absorber Metaphors The Great Fractional Reserve/Freebanking Debate Jesús Huerta de Soto, Money, Bank Credit, and Economic Cycles Stephan Kinsella, “The Title-Transfer Theory of Contract,” Papinian Press Working Paper #1 (Sep. 7, 2024) Corporate Personhood, Limited Liability, and Double Taxation Doug French, Walk Away: The Rise and Fall of the Home-Ownership Myth My thoughts on bankruptcy and inalienability: see Areas that need development from libertarian thinker...
Kinsella on Liberty Podcast: Episode 457. I had been meaning to talk to my old friend Sheldon Richman, of the Libertarian Institute and TGIF column, about his own IP Odyssey, as he's always been great on this issue, (( My IP Odyssey; as quoted in “Your failed business model is not my problem”; Sheldon Richman, “Patent Nonsense," IP Debate Breaks Out at FEE. Others, e.g. Richman, The Articles of Confederation Versus the Constitution. )) and many others. At the same time I had been talking to André Simoni of Brazil about some questions he had about applying my/Rothbard's title-transfer contract theory to some questions he had about interest payments on student loans and other contracts, usury, and so on. I had thought of talking to André and Sheldon separately but decided to combine them, partly because I confused André's topic with a discussion I had also been having at the same time with Galambosian Brian Gladish about IP and Galambos. (( On Galambos, see the following. On Gladish, see the next note. Galambos and Other Nuts; The Galambosians strike back; “Around this time I met the Galambosian.”; Was Galambos an IP Thief?; Galambos the Crank; Shades of Galambos: Man tries to copyright his name; Rothbard and Galambosians. )) Libertopia, San Diego, Oct. 11, 2012: Anthony Gregory, Kinsella, Roderick Long, Sheldon Richman. See KOL238 | Libertopia 2012 IP Panel with Charles Johnson and Butler Shaffer; KOL237 | Intellectual Nonsense: Fallacious Arguments for IP—Part 2 (Libertopia 2012); KOL236 | Intellectual Nonsense: Fallacious Arguments for IP (Libertopia 2012) Sheldon and I talked first about IP and other topics, and then to André about contract theory, which Sheldon jumped in on anyway. (I may talk to Gladish later about Galambos and IP.) (( Gladish on Galambos at ASC; his comments at: Have You Changed Your Mind About Intellectual Property?; Galambos and Other Nuts; Mises on Intellectual Property; Why Objectivists Hate Anarchy (Hint: IP). )) We touched on a number of topics; see the summary of our discussion points by Grok, below. https://youtu.be/7vrIz8cv2Bw Of relevance: Stephan Kinsella, “The Title-Transfer Theory of Contract,” Papinian Press Working Paper #1 (Sep. 7, 2024) Napolitano on Health-Care Reform and the Constitution: Is the Commerce Clause Really Limited? and On Constitutional Sentimentalism (re Richman's point about the interstate commerce clause); see also his comments about federal tax power in Randy Barnett's “Federalism Amendment”–A Counterproposal; and related posts The Walmart Question, or, the Unsupported Assertions of Left-Libertarianism Ep. 382 Sheldon Richman Says Corporate Isn't a Dirty Word, Bob Murphy Show Four questions for “anti-capitalist” libertarians (Carpio)/Is Capitalism Something Good? (Richman) (2010) Left-Libertarians Admit Opposition to “Capitalism” is Substantive Capitalism, Socialism, and Libertarianism Should Libertarians Oppose “Capitalism”? Richman: Leave the “Left” Behind? Doug French, Walk Away: The Rise and Fall of the Home-Ownership Myth On libertarians who support voluntary slavery contracts: Block, Nozick, Casey: “A Tour Through Walter Block's Oeuvre”; KOL442 | Together Strong Debate vs. Walter Block on Voluntary Slavery (Matthew Sands of Nations of Sanity) Concise Grok summary using the transcript (below): Here's a concise summary of the "Interview by Stephan Kinsella of Sheldon Richman and Andre from Brazil" in about 7 bullet points with time markers: 0:02 - 2:11: Stephan Kinsella introduces the podcast ("Kinsella on Liberty 457") to catch up with Sheldon Richman, executive editor of the Libertarian Institute, about his libertarian history and IP views. Sheldon writes "TGIF" weekly, rooted in his Freeman editorship (late 1990s-~2012-13). 2:19 - 9:14: Sheldon, officially retired but freelancing, rejects "left-libertarian" as a tribal label (early 2000s usage),
This week, we talk about an all too familiar topic for law students: contracts. In this episode, I am joined by law professor C. Scott Pryor to talk about his soon to be published paper in the Notre Dame Journal of Law, Ethics, and Public Policy: Person-Centered Pluralism About Contract Law (download here). Scott and I talk about the fundamentals of contract law, the moral obligation of promise, the significance of binding obligations, and much more. Scott holds a B.A. from Dordt College and an M.A. from Reformed Theological Seminary. He earned his J.D. from the University of Wisconsin College of Law. You can find many of his other thoughts in his blog here. Cross & Gavel is a production of CHRISTIAN LEGAL SOCIETY. The episode was produced by Josh Deng, with music from Vexento.
Buy 'Anti-Oculus: A Philosophy of Escape': https://repeaterbooks.com/product/anti-oculus-a-philosophy-of-escape/Buy 'The Philosopher's Tarot': https://repeaterbooks.com/product/the-philosophers-tarot/Head to CRIT DRIP: https://www.etsy.com/shop/critdripTaija: @amalgam_screamsTaija Mars McDougall joins Acid Horizon to discuss her research on the applications of theories of masochism and the social contract as they relate to the obfuscation or misapprehension of forces at work under racial capitalism in the West. Figures in the discussion include Leopold von Sacher-Masoch, Gilles Deleuze, Saidiya Hartman, Gary Fisher, Anthony Farley, and Frantz Fanon.Support the showSupport the podcast:https://www.acidhorizonpodcast.com/Linktree: https://linktr.ee/acidhorizonAcid Horizon on Patreon: https://www.patreon.com/acidhorizonpodcastZer0 Books and Repeater Media Patreon: https://www.patreon.com/zer0repeaterMerch: http://www.crit-drip.comOrder 'Anti-Oculus: A Philosophy of Escape': https://repeaterbooks.com/product/anti-oculus-a-philosophy-of-escape/Order 'The Philosopher's Tarot': https://repeaterbooks.com/product/the-philosophers-tarot/Subscribe to us on Apple Podcasts: https://tinyurl.com/169wvvhiHappy Hour at Hippel's (Adam's blog): https://happyhourathippels.wordpress.comRevolting Bodies (Will's Blog): https://revoltingbodies.comSplit Infinities (Craig's Substack): https://splitinfinities.substack.com/Music: https://sereptie.bandcamp.com/ and https://thecominginsurrection.bandcamp.com/
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Part 2 of my conversation with Rebecca Snelling. In this short but rich conversation we talk about the theory of the Integrated project delivery system and contracts, sharing resources and communicating with your team. We reference some lean term so I have out a glossary of terms on the website for reference. This glossary of terms (recording) can be found at https://www.thehomeownersinstitute.com/ Rebecca Snelling coaches people, teams and organizations on Leadership and Lean Transformation with an emphasis on advancing culture. She started in the construction industry in 1996 and in 2006 began coaching various companies and teams to apply Lean thinking and principles to their organizations and projects. She works with owners, architects, contractors, engineers and trade partners, as well as full project delivery teams. She coaches Leaders at all levels to integrate Lean thinking into their organization and develops Lean Coaches to effectively facilitate, train and coach others implementing Lean practices and behaviors. Rebecca is well versed Lean tools and techniques, including Last Planner System® in Design and Construction and Target Value Delivery; and her passion lies in developing lean culture through Leadership Development, Lean Strategy Development and Execution, Building High Performing Teams, and Choosing by Advantages Sound Decisionmaking. Rebecca has developed and delivered training materials on Lean applications. She has written numerous white papers and blog posts on Lean culture and tools. She has been actively involved in the Lean Construction Institute (LCI) since 2008 and is a contributing author of both LCI books Transforming Design and Construction, a Framework for Change and Target Value Delivery: Practitioner Guidebook to Implementation. She speaks at various industry events across the US and abroad. Rebecca is on the LCI Board of Directors as well as the Center for Innovation in the Design and Construction Industry (CIDCI) Board of Directors. Rebecca has been on the Core Teams of multiple LCI Communities of Practice, the Chair of the LCI Education Committee for over 4 years, is an LCI Certified Instructor, a Master Trainer of the Choosing by Advantages Decisionmaking System and is Dare to Lead™ trained. Fred Gutierrez is the host of "Home Owner's Institute" , podcast. He provides residential owners representation coaching and consulting at ShepherdPMC consulting (shepherdPMC.com). Fred has 30+ years experience as a licensed architect and custom home builder. If you or a friend would like to share what made your project successful, we would love to hear from you. If you would like to contribute to the podcast with question or comments you can find Fred here at https://www.thehomeownersinstitute.com/
Kinsella on Liberty Podcast, Episode 372. Matthew Sands of the Nation of Sanity project (http://www.nationsofsanity.com/), which aims to promote the Non-Aggression Principle as a universal peace agreement, and I discussed various matters of libertarian legal theory, including the Rothbard-Evers title-transfer theory of contract versus contract as "binding promises" and the problem with the idea of "breach of contract"; and related matters such as burdens and standards of proof; civil vs. criminal law and the unity of the law; punishment, restitution and ostracism, and the like. (See previous episode with Matthew, KOL362 | California Gold #6, with Matt Sands: Defining Libertarianism, Anarchism and Voluntaryism.) Youtube: https://youtu.be/YzMSm9TdDRQ
Kinsella on Liberty Podcast, Episode 372. Matthew Sands of the Nation of Sanity project (http://www.nationsofsanity.com/), which aims to promote the Non-Aggression Principle as a universal peace agreement, and I discussed various matters of libertarian legal theory, including the Rothbard-Evers title-transfer theory of contract versus contract as "binding promises" and the problem with the idea of "breach of contract"; and related matters such as burdens and standards of proof; civil vs. criminal law and the unity of the law; punishment, restitution and ostracism, and the like. (See previous episode with Matthew, KOL362 | California Gold #6, with Matt Sands: Defining Libertarianism, Anarchism and Voluntaryism.) Youtube: https://youtu.be/YzMSm9TdDRQ
In this episode we chat with Nobel Prize laureate Eric Maskin about why mechanism design calls for an engineering approach and which tools are needed to design economic mechanisms. We discuss what separates a bad from a good mechanism and how this knowledge can help market designers, whether the goal is to reduce carbon emissions or sell spectrum rights. Eric Maskin is professor of Economics and Mathematics at Harvard University. He has made countless contributions in the fields of Game Theory and Contract Theory, among others, and received the highest recognition when he won the Nobel Prize in Economics in 2007 together with his fellow researchers Leonid Hurwicz and Roger Myerson for laying the foundation for the theory of Mechanism Design.
Jody Kraus teaches at Columbia University, he is a lawyer and a philosopher by training, and focuses his scholarship on the relationship between moral and economic theories of law in general, with particular emphasis on contract law. Robert Scott is a Professor Emeritus at Columbia, and is an internationally recognized scholar and teacher in the fields of contracts, commercial transactions, and bankruptcy, and one of the leading figures of the economic analysis of contract law. I talk to them about the work on personal sovereignty and against equity in American contract law.
Brian Bix is a Professor of Law and Philosophy at the University of Minnesota. We talk about contract theory, the limits of universal and general theories, breach of contract, and the contrast between theory and practice in contract law.
A new MP3 sermon from The Bahnsen Project is now available on SermonAudio with the following details: Title: 12 - Classical Contract Theory; Contemporary Contract Theory (12 of 20) Subtitle: Course in Political Ethics Speaker: Greg L. Bahnsen Broadcaster: The Bahnsen Project Event: Teaching Date: 3/29/2021 Bible: Romans 13:1-7 Length: 52 min.
A new MP3 sermon from The Bahnsen Project is now available on SermonAudio with the following details: Title: 12 - Classical Contract Theory; Contemporary Contract Theory (12 of 20) Subtitle: Course in Political Ethics Speaker: Greg L. Bahnsen Broadcaster: The Bahnsen Project Event: Teaching Date: 3/29/2021 Bible: Romans 13:1-7 Length: 52 min.
This is a discussion of the history and logic of impeachment. What did our founders have in mind when they wrote of "high crimes"? What do the concepts of Contract Theory of Government and "we the people" tell us? Is the President subject to the law the way other citizens are? Is there such a thing as "absolute Immunity," as Donald Trump said? Is the president just like Louis XIV "except four years at a time," as Richard Nixon said? Can a President be sued while in office? Or even arrested for shooting someone? Can a president be impeached for being honest and well-meaning but totally incompetent? We will look at four cases, the non-impeachment of John Tyler, the impeachment and trial of Andrew Johnson, the likely impeachment of Richard Nixon, and the impeachment and trial of Bill Clinton? Should we think of TWO people in the Oval Office, Mr. President and Mr. Citizen? If Mr. President uses his office to help Mr. Citizen (for example during a re-election campaign) would that be abuse of power?Thanks to G. Kevin Dewey for writing the theme music, "Taking Stock." Thoughtful comments are welcome: StocktonAfterClass@gmail.com
This is an overview of Acts, the sequel to the Gospel of Luke in the New Testament. Written by Luke, this is a book that has helped Christians shape their view of the Holy Spirit and Christian theology for hundreds of years. Today, we take a deeper look at this fascinating book.Thank you for staying with us over this trying time. Here is a short bonus series to tide you over until we can restart the full length Contract Theory episodes in the coming weeks!
This is an overview of one of the Gospels in the New Testament. Written by Luke, this is a book that has helped Christians shape their view of Christ and Christian theology for hundreds of years. Today, we take a deeper look at this fascinating book.Thank you for staying with us over this trying time. Here is a short bonus series to tide you over until we can restart the full length Contract Theory episodes in the coming weeks!
This is an overview and reading of one of the shorter books in the New Testament. Written by Paul from prison, Philemon is a book that few take the time to dive into. Today, we take a deeper look at this fascinating book.Thank you for staying with us over this trying time. Here is a short bonus series to tide you over until we can restart the full length Contract Theory episodes in the coming weeks!
Professor Scarry and Jens Bjering discuss philosophy and nuclear war. Professor Scarry discusses how the prerogative of the United States executive to order a nuclear attack upsets not only traditional checks on the waging of war, but has severely upended U.S. democracy and constitutionality in toto. Elaine Scarry is the Walter M. Cabot Professor of Aesthetics and the General Theory of Value at Harvard University. Jens Bjering is a postdoctoral researcher at the University of Southern Denmark .
On 8 May 2018 Professor Stephen Smith of McGill University delivered the 2018 Cambridge Freshfields Lecture entitled "Rights, Wrongs, and Injustices: Taking Remedies Seriously". The Cambridge Freshfields Lecture is an annual address delivered by a guest of the Cambridge Private Law Centre, and the event is sponsored by Freshfields Bruckhaus Deringer. Stephen Smith is internationally renowned for his work in private law. He is the James McGill Professor, Faculty of Law, McGill University, and teaches and researches common law and civil law obligations and legal theory. A former law clerk to Chief Justice Brian Dickson, Professor Smith is the author of Contract Theory (2004) and Atiyah’s Introduction to the Law of Contract, 6th ed (2005). He is in Cambridge for the Easter Term as a Herbert Smith Freehills Visitor/British Academy Visiting Fellow. More information about this lecture, including photographs from the event, is available from the Private Law Centre website: https://www.privatelaw.law.cam.ac.uk/events/CambridgeFreshfieldsLecture
On 8 May 2018 Professor Stephen Smith of McGill University delivered the 2018 Cambridge Freshfields Lecture entitled "Rights, Wrongs, and Injustices: Taking Remedies Seriously". The Cambridge Freshfields Lecture is an annual address delivered by a guest of the Cambridge Private Law Centre, and the event is sponsored by Freshfields Bruckhaus Deringer. Stephen Smith is internationally renowned for his work in private law. He is the James McGill Professor, Faculty of Law, McGill University, and teaches and researches common law and civil law obligations and legal theory. A former law clerk to Chief Justice Brian Dickson, Professor Smith is the author of Contract Theory (2004) and Atiyah’s Introduction to the Law of Contract, 6th ed (2005). He is in Cambridge for the Easter Term as a Herbert Smith Freehills Visitor/British Academy Visiting Fellow. More information about this lecture, including photographs from the event, is available from the Private Law Centre website: https://www.privatelaw.law.cam.ac.uk/events/CambridgeFreshfieldsLecture
On 8 May 2018 Professor Stephen Smith of McGill University delivered the 2018 Cambridge Freshfields Lecture entitled "Rights, Wrongs, and Injustices: Taking Remedies Seriously". The Cambridge Freshfields Lecture is an annual address delivered by a guest of the Cambridge Private Law Centre, and the event is sponsored by Freshfields Bruckhaus Deringer. Stephen Smith is internationally renowned for his work in private law. He is the James McGill Professor, Faculty of Law, McGill University, and teaches and researches common law and civil law obligations and legal theory. A former law clerk to Chief Justice Brian Dickson, Professor Smith is the author of Contract Theory (2004) and Atiyah’s Introduction to the Law of Contract, 6th ed (2005). He is in Cambridge for the Easter Term as a Herbert Smith Freehills Visitor/British Academy Visiting Fellow. More information about this lecture, including photographs from the event, is available from the Private Law Centre website: https://www.privatelaw.law.cam.ac.uk/events/CambridgeFreshfieldsLecture
On 8 May 2018 Professor Stephen Smith of McGill University delivered the 2018 Cambridge Freshfields Lecture entitled "Rights, Wrongs, and Injustices: Taking Remedies Seriously". The Cambridge Freshfields Lecture is an annual address delivered by a guest of the Cambridge Private Law Centre, and the event is sponsored by Freshfields Bruckhaus Deringer. Stephen Smith is internationally renowned for his work in private law. He is the James McGill Professor, Faculty of Law, McGill University, and teaches and researches common law and civil law obligations and legal theory. A former law clerk to Chief Justice Brian Dickson, Professor Smith is the author of Contract Theory (2004) and Atiyah’s Introduction to the Law of Contract, 6th ed (2005). He is in Cambridge for the Easter Term as a Herbert Smith Freehills Visitor/British Academy Visiting Fellow. More information about this lecture, including photographs from the event, is available from the Private Law Centre website: https://www.privatelaw.law.cam.ac.uk/events/CambridgeFreshfieldsLecture This entry provides an audio source for iTunes.
On 8 May 2018 Professor Stephen Smith of McGill University delivered the 2018 Cambridge Freshfields Lecture entitled "Rights, Wrongs, and Injustices: Taking Remedies Seriously". The Cambridge Freshfields Lecture is an annual address delivered by a guest of the Cambridge Private Law Centre, and the event is sponsored by Freshfields Bruckhaus Deringer. Stephen Smith is internationally renowned for his work in private law. He is the James McGill Professor, Faculty of Law, McGill University, and teaches and researches common law and civil law obligations and legal theory. A former law clerk to Chief Justice Brian Dickson, Professor Smith is the author of Contract Theory (2004) and Atiyah’s Introduction to the Law of Contract, 6th ed (2005). He is in Cambridge for the Easter Term as a Herbert Smith Freehills Visitor/British Academy Visiting Fellow. More information about this lecture, including photographs from the event, is available from the Private Law Centre website: https://www.privatelaw.law.cam.ac.uk/events/CambridgeFreshfieldsLecture
On 8 May 2018 Professor Stephen Smith of McGill University delivered the 2018 Cambridge Freshfields Lecture entitled "Rights, Wrongs, and Injustices: Taking Remedies Seriously". The Cambridge Freshfields Lecture is an annual address delivered by a guest of the Cambridge Private Law Centre, and the event is sponsored by Freshfields Bruckhaus Deringer. Stephen Smith is internationally renowned for his work in private law. He is the James McGill Professor, Faculty of Law, McGill University, and teaches and researches common law and civil law obligations and legal theory. A former law clerk to Chief Justice Brian Dickson, Professor Smith is the author of Contract Theory (2004) and Atiyah’s Introduction to the Law of Contract, 6th ed (2005). He is in Cambridge for the Easter Term as a Herbert Smith Freehills Visitor/British Academy Visiting Fellow. More information about this lecture, including photographs from the event, is available from the Private Law Centre website: https://www.privatelaw.law.cam.ac.uk/events/CambridgeFreshfieldsLecture This entry provides an audio source for iTunes.
Contracts are an integral part of life. Many of our daily interactions include either a verbal or written contract. What contract is implied when you buy/sell investments? Oliver Hart, Nobel Prize winner and Economics Professor at Harvard University, explains “contract theory.” He defines what a contract is and how people enter into agreements. Listen to their discussion of bond contracts and other investment agreements that require a contract. Why do people frequently sign contracts that they may not fully understand? They also dive into the legal enforcement of contracts and the problems a contract can cause for both parties. Is your current bank or brokerage firm providing the services you need? Doug shares the story of a client who set up a U.S. investment account through his Israeli bank. He points out the folly of this decision (from an American tax point of view) and where the bank might have gone astray wrong with its financial planning models. To learn more about how to plan a bond ladder, watch this short video, Learn How to Make a Bond Ladder. If you’re not sure your current brokerage firm is giving you the service you need, watch U.S. Brokerage Accounts for Non-U.S. Residents. To follow Professor Oliver Hart visit his website. If you’re not already receiving updates on new episodes, sign up now, and as a special bonus, receive Doug’s free ebook The Retirement Planning Book. Note, Doug is an investment advisor and does not give tax or pension advice.
This week Mint Editor R. Sukumar discusses the Toyota-Suzuki partnership, the struggles of the IT industry, why the 2016 economics Nobel for contract theory really matters and and why Bob Dylan deserves the Nobel for Literature. Tune in now.
The Party Platform; Donkeys, Elephants and in Between & The Theory Behind Deregulation1st Segment: The Party Platform: Donkeys, Elephants and Between. In this segment we ask is voting against the “system” simply the trendy and popular thing to do, or is something more pragmatic for the young? Barack Obama polled 60% amongst younger voters while Hillary Clinton is only polling 31%. 2nd Segment: News of the Week Wells Fargo CEO John Stumpf Resigns In Wake Of Bank ScandalJudge extends Florida voter registration deadline until October 18Amazon to Expand Grocery Business With New Convenience Stores3rd Segment: Economics: The Theory Behind Deregulation.In this segment we take a deeper look into the economic theory behind deregulation. Republicans and conservatives argue for more deregulation while liberals argue for the opposite. What is regulation? What is a free-market mean in economics? The “takers versus makers” theory and the 2016 Noble Peace Prize to Bengt Holmstrom from Finland for “Contract Theory”
Kinsella on Liberty Podcast, Episode 197. I discussed Rothbardian/libertarian contract theory with Tom Woods on his show today. Update: See also Łukasz Dominiak & Tate Fegley, "Contract Theory, Title Transfer, and Libertarianism," Diametros (10 Sep. 2022; doi: 10.33392/diam.180) Transcript below. Ep. 547 The Central Rothbard Contribution I Overlooked, and Why It Matters Youtube: 3rd December 2015 Stephan Kinsella explains the importance of Rothbard's theory of contract — a point I myself did not appreciate until this episode — and contrasts it with mainstream theories, which most libertarians think are the same as their own. We need to get these fundamentals right, so listen in and learn with me! Articles Discussed “Toward a Reformulation of the Law of Contracts,” by Williamson M. Evers “A Libertarian Theory of Contract: Title Transfer, Binding Promises, Inalienability,” by Stephan Kinsella Book Discussed The Ethics of Liberty, by Murray N. Rothbard For some more related posts/resources: A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, Journal of Libertarian Studies 17, no. 2 (Spring 2003): 11-37 [based on paper presented at Law and Economics panel, Austrian Scholars Conference, Auburn, Alabama (April 17, 1999)] Justice and Property Rights: Rothbard on Scarcity, Property, Contracts… KOL020 | “Libertarian Legal Theory: Property, Conflict, and Society: Lecture 3: Applications I: Legal Systems, Contract, Fraud” (Mises Academy, 2011) around Slide 16: slides here The Libertarian View on Fine Print, Shrinkwrap, Clickwrap KOL146 | Interview of Williamson Evers on the Title-Transfer Theory of Contract KOL004 | Interview with Walter Block on Voluntary Slavery Transcript The Central Rothbard Contribution I Overlooked, and Why It Matters: The Rothbard-Evers Title-Transfer Theory of Contract Stephan Kinsella, interviewed by Tom Woods The Tom Woods Show, Ep. 547, Dec. 3, 2015 Transcript 00:00:00 TOM WOODS: The Tom Woods Show, episode 547. 00:00:03 INTRO: Prepare to set fire to the index card of allowable opinion. Your daily dose of liberty education starts here, the Tom Woods Show. 00:00:14 TOM WOODS: Hey everybody. Christmas is coming, and chances are you're going to be doing a lot of online shopping. Well, why not get cash back at virtually all the retailers you're going to be using anyway? Sign up for Ebates and you'll get just that. Check it out through tomwoods.com/ebates. 00:00:30 Hey everybody. Welcome to another episode of the Tom Woods Show. We're joined once again by Stephan Kinsella because today we're talking about foundational issues related to libertarianism, and I can think of no one better to help us clarify our thinking on questions like this than Stephan. And ordinarily, as I would do in these episodes and as I've done in the past with Stephan, I would launch into a biographical discussion of the guest. But instead, I'm going to turn things over to Stephan and say, Stephan, what do you think people should know about you? 00:01:02 STEPHAN KINSELLA: Well, I was born in a little town in Louisiana. 00:01:06 TOM WOODS: I knew I shouldn't have done this. 00:01:07 STEPHAN KINSELLA: I'm a libertarian patent attorney in Houston. How about that? 00:01:12 TOM WOODS: Oh, but you've done so much more. I want to know about your writings. 00:01:16 STEPHAN KINSELLA: Okay, so I am a practicing attorney, but I've written a lot on libertarian legal theory for the Journal of Libertarian Studies, and then I founded sort of a successor journal called Libertarian Papers, which is still ongoing, which I'm the managing editor of. And I've written some books, and I've written on intellectual property, both the legal side and the libertarian theory side. 00:01:42 TOM WOODS: I am going to be linking to everything that we talk about today in terms of articles that you've writt...
Kinsella on Liberty Podcast, Episode 111. This was my appearance on Daniel Rothschild's youtube channel on Jan. 20, 2014; we discussed a variety of topics, getting really into the nitty-gritty of a lot of aspects of libertarian legal theory. For some background on some issues discussed, see: Trademark versus Copyright and Patent, or: Is All IP Evil? The Libertarian Approach to Negligence, Tort, and Strict Liability: Wergeld and Partial Wergeld Fraud, Restitution, and Retaliation: The Libertarian Approach Previous podcast with Daniel: KOL095 | Interview with Daniel Rothschild on Children's Rights, Aggression, Contract Theory, Self-Ownership, Voluntary Slavery, and More. See also: KOL004 | Interview with Walter Block on Voluntary Slavery.
Kinsella on Liberty Podcast, Episode 111. This was my appearance on Daniel Rothschild’s youtube channel on Jan. 20, 2014; we discussed a variety of topics, getting really into the nitty-gritty of a lot of aspects of libertarian legal theory. For some background on some issues discussed, see: Trademark versus Copyright and Patent, or: Is All IP Evil? The Libertarian Approach to Negligence, Tort, and Strict Liability: Wergeld and Partial Wergeld Fraud, Restitution, and Retaliation: The Libertarian Approach Previous podcast with Daniel: KOL095 | Interview with Daniel Rothschild on Children’s Rights, Aggression, Contract Theory, Self-Ownership, Voluntary Slavery, and More. See also: KOL004 | Interview with Walter Block on Voluntary Slavery.
Kinsella on Liberty Podcast, Episode 095. This was my appearance on Daniel Rothschild's youtube channel on Nov. 8, 2013; we discussed a variety of topics, getting really into the nitty-gritty of a lot of aspects of libertarian legal theory. Links to related material below: How We Come To Own Ourselves, Mises Daily (Sep. 7, 2006) (Mises.org blog discussion; audio version) Causation and Aggression (co-authored with Patrick Tinsley), The Quarterly Journal of Austrian Economics, vol. 7, no. 4 (winter 2004): 97-112 Punishment and Proportionality: The Estoppel Approach, 12:1 Journal of Libertarian Studies 51 (Spring 1996) “What Libertarianism Is,” Mises Daily (August 21, 2009) A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, Journal of Libertarian Studies 17, no. 2 (Spring 2003): 11-37 “Argumentation Ethics and Liberty: A Concise Guide,” Mises Daily (May 27, 2011) KOL004 | Interview with Walter Block on Voluntary Slavery KOL018 | “Libertarian Legal Theory: Property, Conflict, and Society: Lecture 1: Libertarian Basics: Rights and Law” (Mises Academy, 2011)
Kinsella on Liberty Podcast, Episode 095. This was my appearance on Daniel Rothschild’s youtube channel on Nov. 8, 2013; we discussed a variety of topics, getting really into the nitty-gritty of a lot of aspects of libertarian legal theory. Links to related material below: How We Come To Own Ourselves, Mises Daily (Sep. 7, 2006) (Mises.org blog discussion; audio version) Causation and Aggression (co-authored with Patrick Tinsley), The Quarterly Journal of Austrian Economics, vol. 7, no. 4 (winter 2004): 97-112 Punishment and Proportionality: The Estoppel Approach, 12:1 Journal of Libertarian Studies 51 (Spring 1996) “What Libertarianism Is,” Mises Daily (August 21, 2009) A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, Journal of Libertarian Studies 17, no. 2 (Spring 2003): 11-37 “Argumentation Ethics and Liberty: A Concise Guide,” Mises Daily (May 27, 2011) KOL004 | Interview with Walter Block on Voluntary Slavery KOL018 | “Libertarian Legal Theory: Property, Conflict, and Society: Lecture 1: Libertarian Basics: Rights and Law” (Mises Academy, 2011)
Moderator: Patrick Shin (Suffolk), Commenter: T.M. Scanlon (Harvard) Panel: Barbara Fried (Stanford), "What's Morality Got to Do With It? The Limits of Non-consequentialism in Contract Theory" Randy Barnett (Georgetown), "Public versus Private Morality and Contract" Jean Braucher (Arizona), "The Sacred and the Profane Contract Machine: Morality and Contract Law in Action" Gregory Klass (Georgetown), “Promises, Etc.”
Moderator: Carter G. Bishop (Suffolk) Commenter: Carol Chomsky (Minnesota) Panel: Juliet Kostritsky (Case Western), "Tying Contract as Promise to Interpretation of Contract" Lisa Bernstein (Chicago), "Merchant Contract as Promise" John C.P. Goldberg (Harvard)/Curtis Bridgeman (Florida State), "Contract, Tort, and Promise" Rachel Arnow-Richman (Denver) "A Contract Theory of Employment"
Moderator: Richard Perlmutter (Suffolk) Commenter: Robert Scott (Columbia) Henry E. Smith (Harvard), "Law Versus Equity in Contract" Roy Kreitner (Tel Aviv), "On the New Pluralism in Contract Theory" Nathan Oman (William & Mary), "Promise and Private Law"
Is Evil Necessary? - Lost Liberty Café by Joey Carlisle http://www.lostlibertycafe.com/index.php/2009/04/10/is-evil-necessary/ Changing the name for "government" won't get rid of its extortion racket and other rights violations... FDR's 'Statism is Dead' makes the Freedom Force Report for June and July 2009 http://freedomainradio.com/board/forums/t/21237.aspx CRISIS AND LEVIATHAN: Critical Episodes in the Growth of American Government by Robert Higgs http://www.independent.org/store/book_detail.asp?bookID=15 When government violates your person and property, who protects you? The boogeyman of anarchy (fear) prevents people from thinking critically A stateless society will have FAR less criminality, courtesy of property owners and a justice-oriented culture Real security is provided by other people in the marketplace Those who fear the alleged ills of anarchism are those who embrace and perpetuate the vast ills of statism It's the perceived legitimacy granted to the warlords and gangsters in government that matters most Withdraw your moral sanction, and Colossus will be destined fall... The Political Thought of Étienne de La Boétie http://mises.org/MultiMedia/mp3/audiobooks/Boetie/Boetie_Introduction.mp3 If God were to exist, why would he/it allow evil? Ah, the "free will" escape hatch! Beware philosophizing in midstream--the realm of supernatural metaphysics (non-perception, non-consciousness, non-reason) Moral Orel theme song - http://www.markrivers.net/songs/heart.html shows: http://www.adultswim.com/shows/moralorel/index.html Faith is setting aside reason and what you know to be true You were told to believe in and take bites out of "invisible apples," as Stefan Molyneux has astutely noted: http://www.freedomainradio.com/Traffic_Jams/how_to_control_a_human_soul.mp3 also in the book Real-Time Relationships: The Logic of Love by Stefan Molyneux http://freedomainradio.com/free/#RTR Omniscience, omnipotence, and infallibility are invalid concepts (impossible) http://www.logicallearning.net/libertyourownima.html Religion is a primitive form of philosophy - http://aynrandlexicon.com/lexicon/religion.html We must use our (fallible) senses in concert with reason to understand more and more of reality http://www.logicallearning.net/libanissueofmort.html Understanding emotions is key: http://www.logicallearning.net/libemotions.html Religion gives every grown adult a pass for the evils that they perpetrate (because evil's in our "nature") Evil defined: To initiate force, which nullifies the choices of a sovereign consciousness http://aynrandlexicon.com/lexicon/evil.html Evasion is the precursor to evil actions - http://aynrandlexicon.com/lexicon/evasion.html ~40% out-of-wedlock births, from Taking Marriage Private By Stephanie Coontz - http://www.nytimes.com/2007/11/26/opinion/26coontz.html Fear of not being able to survive and lack of self-esteem contribute to the meme of "necessary evil" In survival mode, morality is most needed, so that no one is sacrificed The phenomenon of the State is our real-life lifeboat situation Survival "at all costs" is the nature of statism It's heroic for a kid to contradict the irrationality of his or her parents To assert oneself, regardless of one's age, means stating plain facts and spurning nonsense The "benefits" derived from governmental "services" are illusory; it's vital to focus on the immense, unseen benefits of complete liberty Ethic of Liberty - Title Transfer Theory 19. PROPERTY RIGHTS AND THE THEORY OF CONTRACTS by Murray Rothbard http://mises.org/rothbard/ethics/nineteen.asp A kangaroo court (governmental court) is one in which the judge and plaintiff (prosecutor) work for the same organization A fair trial is impossible in governmental courts; see http://marcstevens.net No Charge: In Civil-Contempt Cases, Jail Time Can Stretch On for Years by ASHBY JONES http://online.wsj.com/article/SB123137263059962659.html http://digg.com/odd_stuff/One_can_spend_a_long_time_in_jail_without_being_charged http://freeminds.podbean.com/2009/06/14/ree-minds-radio-june-14-2009/ In a valid contract, you cannot logically impose a penalty of slavery for breach; volition is inalienable The Nature of Contracts - http://completeliberty.com/chapter6.php#121 There are no necessary evils bumper music "Lives In The Balance" by Jackson Browne http://www.jacksonbrowne.com/discography/album/solo-acoustic-vol-1 to comment, please go to http://completeliberty.com/magazine/category/91697