“My basic approach is to recognize that mainstream legal theories of contract have been muddied by unlibertarian and positivistic conceptions of law and rights. Questions about what rights are "alienable" or not, loose talk about how promises should be "binding," etc., highlight the need for clarity in this area. In my view, to sort these issues out one needs a very clear and consistent understanding of the nature of property rights and ownership.” NeedsShouldHas BeensLawUnderstandingViewsIssuesClearRightsTheoryPromiseApproachAreasPropertyClarityConsistentEtcConceptionContractsMainstreamOwnershipProperty RightsBindingHighlights Author:Stephan Kinsella
“We must recognize that only scarce resources are ownable; second, that the body is a type of scarce resource; third, that the mode of acquiring title to external objects is different from the basis of ownership of one's own body.” DifferentBodyObjectsTypeResourcesThirdsBasesTitlesOwnershipScarceScarce Resources Author:Stephan Kinsella
“The libertarian view is that human actors are self-owners and these self-owners are capable of appropriating unowned scarce resources by Lockean homesteading − some type of first use or embordering activity. Obviously, an actor must already own his body if he is to be a homesteader; self-ownership is not acquired by homesteading but rather is presupposed in any act or defense of homesteading.” IfsFirstsHumansSelfUseBodyActorsViewsTypeActivityCapableResourcesDefenseLibertarianOwnersOwnershipScarceScarce ResourcesHomesteadingSelf Ownership Author:Stephan Kinsella
“The basis of self-ownership is the fact that each person has direct control over the scarce resource of his body and therefore has a better claim to it than any third party (and any third party seeking to dispute my self-ownership must presuppose the principle of self-ownership in the first place since he is acting as a self-owner).” FirstsPersonsSelfFactsBodyPartyActingPrinciplesResourcesDirectThirdsBasesClaimsSeekingOwnersOwnershipDisputesScarceThird PartiesScarce ResourcesSelf Ownership Author:Stephan Kinsella
