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Rob Byrne's avatar

Glad to hear someone put this view. It has been forgotten in dumb Australia. I might also add property rights privatise economic gains and losses. The costs of poor economic decisions are borne by the individuals who made them rather than the chaos caused by insolvent states. A lesson we may learn the hard way in the none too distant future.

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Rick Johnson's avatar

I believe it is a mistake for Libertarians to claim there is a natural order that predates any state which is enshrined in ancient texts and to use this as a basis for saying No to the majority voting away these claimed natural rights. Such arguments will only work in a democracy if a majority believes in this natural order.

I prefer Hayek’s approach as set out in Law, Legislation and Liberty. Hayek argues human societies, and groups within those societies, have rules about how members of those groups deal with each other (rules of just conduct). Different groups have different rules and these different rules have consequences for whether that group flourishes and survives or decays and disappears. These rules aren’t always known to the members of the group or consciously adopted. They often need to be discovered, articulated and enforced. This is what Locke and the writers of the Magna Carta were doing.

Hayek identifies property rights as a key rule that has allowed societies to flourish and there is plenty of evidence to support this.

Hayek also argues that the growth in democratic government in the modern era is, in part, due to design flaws in the particular model of democracy that emerged in the 1700/1800. Whilst some constraints are imposed on our governments (rules of just of law, separation of powers etc), the majority is sovereign and has vast powers. Further, because any government relies on majority support, if the government has the power to deliver an outcome demanded by any group the government relies on for its majority, the government is compelled to deliver it, regardless of whether it breaches any of the rules of just conduct, like property rights, which has allowed the society to flourish over time.

Rather than positing a claimed natural order, Libertarians would be better placed arguing directly for the importance of property rights and thinking about institutional changes needed to support liberty.

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