KOL453 | Objections to Argumentation Ethics, Libertarian Property Rights, Scarcity, Intellectual Property: Discussion with a Student

Kinsella On Liberty

Kinsella on Liberty Podcast: Episode 453. I was approached recently by my old friend, legal scholar and philosopher David Koepsell (a fellow opponent of IP who appeared on the John Stossel show with me a few years back), (( KOL308 | Stossel: It’s My Idea (2015). )) as one of his students at Texas A&M, Eliot Kalinov, was interested in my and Hoppe's work on argumentation ethics and related issues. I offered to have a discussion with Eliot about these issues for his research and publication plans, which we did yesterday (Feb. 18, 2025). We recorded it for his own purposes, and I post it here, with his permission, for those who might find the topics discussed of interest. He is very bright and asked very intelligent questions. We discuss mainly the topics noted in the title of this episode. Grok shownotes: [0:03–28:37] In this episode of the Kinsella on Liberty podcast (KOL453), Stephan Kinsella engages in a discussion with a Texas A&M Classics major and Philosophy Club president about Hans-Hermann Hoppe’s argumentation ethics and related libertarian concepts. The student, introduced to libertarianism through figures like Liquid Zulu and Kinsella’s work on intellectual property (IP), seeks to explore argumentation ethics for an undergraduate philosophy journal paper. Kinsella explains that argumentation ethics, which posits that certain normative presuppositions (like self-ownership and property rights) are inherent in rational discourse, is a compelling framework for grounding libertarian principles. He clarifies its transcendental nature, avoiding the is-ought gap by deriving norms from the act of argumentation itself, and addresses its persuasive power despite not always convincing non-libertarians like socialists. [28:38–1:33:11] The conversation delves into critiques of argumentation ethics, particularly from Bob Murphy and Gene Callahan, focusing on issues like the necessity of property rights due to scarcity and the applicability of norms to edge cases (e.g., children, mentally impaired individuals). Kinsella defends the theory by emphasizing the prior-later distinction and the inevitability of conflict over scarce resources, which necessitates property norms. He also tackles inalienability, distinguishing body ownership from external object ownership, and critiques Walter Block’s voluntary slavery stance, arguing that contracts do not create obligations but transfer titles. The discussion broadens to libertarian property rights, the role of aggression in justifying responsive force, and the cultural rise of libertarianism, with Kinsella offering to review the student’s paper and suggesting publication avenues like the Journal of Libertarian Studies. Transcript and detailed Grok shownotes below. https://youtu.be/2vjVNAF0JUA Update: He recently (May 2025) notified me that his updated paper has been published as Eliot Kalinov, “The Universalizability of Argumentation Ethics,” Aletheia: Texas A&M Journal of Undergraduate Philosophy (Spring 2025): 58–79 (local copy). He also told me "in our discussion, I mentioned an Encrypted Will analogy and falsely attributed it to Walter Block." The paper is Ian Hersum, "A Rational Theory of the Rights of Children," Studia Humana 9:2 (2020): 45–52. Detailed Grok Shownotes Detailed Summary for Show Notes with Time Segments Segment 1: Introduction and Background (0:03–7:26) Description: The episode begins with the student introducing their background as a Classics major at Texas A&M, their role as Philosophy Club president, and their exposure to libertarianism via David Koepsell, Liquid Zulu, and Kinsella’s anti-IP work. They express interest in argumentation ethics, inspired by Kinsella’s discussion with Bob Murphy, aiming to write a paper for an undergraduate philosophy journal. Kinsella shares his connection with David Koepsell, a utilitarian with unique legal theories, and outlines the persuasive appeal of argumentation ethics,