From: R
Sent: Friday, July 19, 2019 1:27 AM
To: Walter Block
Subject: Are Restraining Orders Compatible With Libertarian Law? Yes. – LRC Blog
In my view, the non-aggression principle (NAP) proscribes not only the actual initiation of violence, but, also, the threat thereof.
so you have no problem with Nozick’s view that it is okay (not a violation of natural rights) to proactively prevent certain activities as long as you make ‘adequate’ compensation (this is the basis for his claim that a system of competing defense agencies will yield the minimum, watchman state)? who determines what is adequate?
From: Walter Block <[email protected]>
Sent: Friday, July 19, 2019 1:08 PM
To: R
Subject: RE: Are Restraining Orders Compatible With Libertarian Law? Yes. – LRC Blog
Dear Richard:
There’s all the world of difference between “proactively preventing” on the one hand, and reacting to a threat, on the other. I do not at all support Nozick on this matter. Yes, someone engaging in a preemptive strike, in the absence of a threat, should pay damages afterward, but, he shouldn’t do that in the first place. A restraining order is issued, hopefully, only after a threat of violence is made.
How much of a threat must there be in order to take defensive action? That’s a toughie. But I’ve written about that here:
Block, Walter E. and William Barnett II. 2008. “Continuums” Journal Etica e Politica / Ethics & Politics, Vol. 1, pp. 151-166, June; http://www2.units.it/~etica/; http://www2.units.it/~etica/2008_1/BLOCKBARNETT.pdf
Here are some critical readings on Nozick:
Barnett, 1977; Block, 2002; Block and Gordon, 1985; Childs, 1977; Evers, 1977; Rothbard, 1977; Sanders, 1977
Barnett, Randy. 1977. “Whither anarchy? Has Robert Nozick justified the state?,” The Journal of Libertarian Studies, Vol. 1, No. 1, Winter, pp. 15-22; http://mises.org/journals/jls/1_1/1_1_3.pdf
Block, Walter E. 2002. “The Libertarian Minimal State?” A critique of the views of Nozick, Levin and Rand, Journal of Ayn Rand Studies, Vol. 4, No. 1, pp. 141-160; reprinted in Younkins, Ed, ed., 2004. Philosophers of Capitalism: Menger, Mises, Rand and Beyond; http://www.walterblock.com/publications/minimal_state.pdf
Block, Walter and David Gordon. 1985. “Blackmail, Extortion and Free Speech: A Reply to Posner, Epstein, Nozick and Lindgren,” Loyola of Los Angeles Law Review, Vol. 19, No. 1, November, pp. 37-54;http://141.164.133.3/faculty/Block/Blockarticles/blackmail.htm
Childs, Roy A. Jr. 1977. “The invisible hand strikes back,” The Journal of Libertarian Studies, Vol. 1, No. 1, Winter, pp. 23-34; http://mises.org/journals/jls/1_1/1_1_4.pdf
Evers, Williamson M. 1977. “Toward a reformulation of the law of contracts,” The Journal of Libertarian Studies, Vol. 1, No. 1, Winter, pp. 3-14; http://mises.org/journals/jls/1_1/1_1_2.pdf
Rothbard, Murray N. 1977. “Robert Nozick and the immaculate conception of the state, The Journal of Libertarian Studies, Vol. 1, No. 1, Winter, pp. 45-58; http://mises.org/journals/jls/1_1/1_1_6.pdf
Sanders, John T. 1977. “The free market model versus Government: a reply to Nozick,” The Journal of Libertarian Studies, Vol. 1, No. 1, Winter, pp. 35-44; http://mises.org/journals/jls/1_1/1_1_5.pdf
7:35 am on August 28, 2019
