Libertarianism: Grounds Up Formulation

Introduction and Basic Definition:
In this post, I will informally describe the philosophy of libertarianism from the basic foundations. This is not meant to be comprehensive definition and analysis, however it presents the philosophy from it's foundational principles.

The beauty of libertarianism is it's simplicity. It is the simplest political philosophy to understand, because it rests essentially on a single axiom. Everything else is made through extrapolation from that single axiom.

The axiom of libertarianism is self-ownership: You own yourself. Your body is your property.

Owning property means that you have an exclusive right to control and make decisions about the use and function of the property you own.

With that in mind, this means by definition that owning your body means that you have an exclusive right to control and make decisions about the use and function of your body. Your body is the first property you own once you are born.

By careful analysis and study of the implications of the concept of self-ownership, we reach three further theoretical constructs that are conclusions from the axiom of self-ownership. Theory of property rights, theory of contracts, and theory of crime. I will not go into details of how those theories are formally derived from the concept of self-ownership; I will address that in future posts. Let's briefly discuss those theoretical constructs.


The Theory of Property Rights:
The major question of property rights is how does a person go from owning one property (his body) to owning external things in the world. There are two principles that need to be in place to answer this question.

1- The homesteading principle: The homesteading principle describes how a person might acquire what is previously unowned by anyone else. The principle states that a person gains property by mixing his labor with nature. Since a person owns his body, he also owns his labor. This means that a person can appropriate those parts of nature which he invested labor in.

2- Legitimate title transfer: The legitimate title transfer describes how one person might acquire the legitimate property of another person. A legitimate title transfer is defined as a voluntary transfer of property authorized by it's legitimate owner. There are many ways to transfer property: Giving someone a gift; Exchanging items through trade or barter (buying and selling); Inheritance; Or contractual agreements; All of these are examples of legitimate title transfer.


The Theory of Contracts:
Contracts are necessary to ensure securing property rights. Contracts can be simply understood as future (possibly conditional) property rights. For example, if you lend your friend a sum of money on the condition that they return it next week; This means that you have a right to that sum of money next week to be provided by that same person. If you buy an item on eBay, this means that you have a right to receive the item in question in the future. If you make a bet with someone on the outcome of a football match, it means that the property rights to certain sums of money are conditional upon the unfolding of a future event.

Contracts are important because they provide the necessary tools to secure property rights. In the case of lending someone a sum of money, the lender would have only agreed to voluntarily give up his property under the conditions of the contract. Violating contracts is a violation of the terms of the voluntary exchange under which one party agreed to transfer the property in question.


The Theory of Crime:
In libertarianism there is one -and only one- type of criminal activity: Violations of the property rights of others. In other words, any activity that violates the property of another person is a crime. Any activity that does not violate the property of another is legal.

In this understanding, we see that crimes generally fall under one of three broad categories of property crimes:

1- Crimes against property of the self: Since by definition every person owns his body, then violating the property rights of the body is a crime. Murder, rape, or physical violence are all crimes against the property rights of that person in his body. Murder, rape, and violence are akin to vandalism of the property rights of others.

2- Crimes against external property: Theft and vandalism are crimes against the property rights of others in external objects in the world.

3- Breach of contract: Since contracts are future property rights, thus breaching contracts is akin to theft in retrospective regard.


Libertarian Analysis of Some Political Issues:
The libertarian perspective is utterly simple as has been discussed earlier. All rights are essentially property rights. And all crimes are property crimes, and anything that is not a property crime should be legal.

Should murder be legal?
Murder is a violation of the property rights of individuals in their own bodies. Murder should not be legal.

Should rape be legal?
Rape is a violation of the property rights of individuals in their own bodies. Rape should not be legal.

Should slavery be legal?
Slavery violates the property rights of the individual slaves to control and decide the use and function of their bodies. Slavery should not be legal.

Should theft be legal?
Theft is a violation of the property rights of individuals in their legitimately acquired property. Theft should not be legal.

Should free speech be legal?
Speech does not violate the property rights of any individuals. All speech should be legal.

Should refusing to pay rent be legal?
Refusing to pay rent is a breach of contract. It violates the property rights of renters through retrospective theft. In other words, that person was given conditional rights to use the rented house, and not satisfying those conditions means that this person was retrospectively illegally using the house which they refused to pay the rent for.

Should homosexuality be legal?
Since individuals are the owners of their bodies, individuals have exclusive right to control and decide the use and function of their bodies. Consequently, they have unrestrained right to practice sexuality with any consenting individuals. Consent is required because without it, it would be a property crime (rape).

On the other hand, banning the practice by means of force or violence is a crime, since it is a violation of the property rights of individual homosexuals in their bodies, and their rights to control and decide the use and function of their property.

Should prostitution be legal?
Prostitution similarly is an exercise of the property rights of the prostitute with respect to her body. Prostitution is a legitimate contract since it does not violate the property rights of any individuals.

On the other hand, banning the practice by means of force or violence is a crime, since it is a violation of the property rights of the individual prostitutes in their bodies, and their rights to control and decide the use and function of their property.

Should drugs be legal?
Buying and selling drugs is a legitimate title transfer of property. The use of drugs by itself does not violate the property rights of anyone, thus it should be legal. The individual has the right control and decide what goes into their bodies.

Should driving under the influence of alcohol or drugs be legal?
This is a borderline issue. While drunk driving is not, in and of itself, a crime, it significantly increases the chance of committing a crime (namely, involuntary manslaughter). This question and other similar questions like "Should polluting the environment be legal?" require analysis of the theory of externalities; A theory I have not discussed in this post. The theory of externalities basically deals with indirect violations of property rights. For example, selling expired food imposes an externality on individuals whose health is damaged by such a practice.


Final Remarks:
There is a common saying that goes: "All you need to know about libertarianism you learnt in kinder garden: Don't hit other people, don't take their stuff, and keep your promises." - That is indeed all you need to know to understand the philosophy of libertarianism.