“Inalienable Rights: Part I The Basic Argument” - what Nozick and Rothbard got wrong

https://www.ellerman.org/inalienable-rights-part-i-the-basic-argument/

“An inalienable right is a right that may not be ceded or transferred away even with the consent of the holders of the right. Any contract to alienate such a right would be an inherently invalid contract, and, vice-versa, a right such that any contract to alienate it was inherently invalid would thus be an inalienable right.”

@libertarianism

  • minnixA
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    4 months ago

    This is interesting, but it’s all based on terms that have never been proven to exist in reality via logical analysis. If there were a solid objective theory of rights existing outside of legal structures, it would make for a much more satisfying read.

    Also, Ellerman’s arguments regarding slavery from a libertarian perspective never bring up what is credited within libertarianism as the main source of natural/human rights to begin with, individual sovereignty. If an individual is truly sovereign, then by definition anyone can emancipate themselves at any time regardless of any previously agreed upon contact. That’s literally what sovereign means, supreme or ultimate, trumping everything else.

  • J Lou@mastodon.socialOP
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    4 months ago

    A group of people is de facto responsible for a result if it is a purposeful result of their deliberate and intentional joint actions.

    @minnix, that is the definition of de facto responsibility. It is meaningful concept outside of a legal context. Ellerman’s theory is a theory of how the legal system should operate. However, he does draw an equality between the tenet of imputation and the labor theory of property. I would recommend anyone interested to read his other work

    @libertarianism

    • minnixA
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      4 months ago

      I don’t see how this relates to my comment regarding individual sovereignty or the existence of natural rights as an extension.