It is proposed that this article be deleted because of the following concern:
If you can address this concern by improving, copyediting, sourcing, renaming, or merging the page, please edit this page and do so. You may remove this message if you improve the article or otherwise object to deletion for any reason. Although not required, you are encouraged to explain why you object to the deletion, either in your edit summary or on the talk page. If this template is removed, do not replace it . The article may be deleted if this message remains in place for seven days, i.e., after 14:02, 8 December 2020 (UTC). Nominator: Please consider notifying the author/project: {{ subst:proposed deletion notify |Libertarian perspectives on inheritance|concern=An opinion piece with no refs since 2007}} ~~~~ |
This article has multiple issues. Please help improve it or discuss these issues on the talk page . (Learn how and when to remove these template messages) (Learn how and when to remove this template message)
|
Most libertarians who are propertarians, such as right-libertarians, believe individuals should have complete freedom of determination of their property's fate after death once all open contracts have been settled). Therefore, any degree of inheritance, disinheritance and bestowal to individuals or organisations of choice is permitted. They are against inheritance tax or compulsory inheritance. In their view, an individual may also have the right to retain some forms of ownership posthumously. In theory, land owners may also have the right to declare their land off-bounds to anyone for eternity, but consequentialist libertarians may reject that.
There is some debate among libertarians as to what should happen to property in absence of a will or a contract such as marriage. Right-libertarians who supports the homestead principle argue that natural heirs like family members, related by blood or otherwise, do not have an automatic right to inherit property of the deceased as they are as much subject to the principle of voluntary contracts as the rest of society. Instead, a deceased person's property would simply be declared as unclaimed property. The first individual to claim the property would then be its legitimate owner.
Anarcho-capitalism is a political philosophy and economic theory that advocates the elimination of centralized states in favor of a system of private property enforced by private agencies, free markets and the right-libertarian interpretation of self-ownership, which extends the concept to include control of private property as part of the self. In the absence of statute, anarcho-capitalists hold that society tends to contractually self-regulate and civilize through participation in the free market which they describe as a voluntary society. Anarcho-capitalists support wage labour and believe that neither protection of person and property nor victim compensation requires a state. In a theoretical anarcho-capitalist society, the system of private property would still exist and be enforced by private defense agencies and insurance companies selected by customers which would operate competitively in an open market and fulfill the roles of courts and the police.
Property in the abstract is what belongs to or with something, whether as an attribute or as a component of said thing. In the context of this article, it is one or more components, whether physical or incorporeal, of a person's estate; or so belonging to, as in being owned by, a person or jointly a group of people or a legal entity like a corporation or even a society. Depending on the nature of the property, an owner of property has the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it, or at the very least exclusively keep it.
The libertarian perspective on immigration is often regarded as one of the core concepts of libertarian theory and philosophy. There is considerable disagreement among libertarians as to what stance towards immigration best accords with libertarian principles. Some hold that restrictions on immigration are constitute an infringement of the rights of immigrants and other property owners and constitute a threat to individual liberty. Others maintain that open borders amount to a policy of forced integration on the part of the state, and that protecting the rights of property holders requires that present governments adopt much more discriminatory policies on who is allowed to enter a country.
Libertarians promote individual liberty and seek to minimize the role of the state. The abortion debate is mainly within right-libertarianism between cultural liberals and social conservatives as left-libertarians generally see it as a non-issue as they support legal access to abortion as part of their general support for individual rights, especially in regard to what they consider to be a woman's right to control her body. Religious right and intellectual conservatives have attacked such libertarians for supporting abortion rights, especially since the demise of the Soviet Union. Libertarian conservatives claim libertarian principles such as the non-aggression principle (NAP) apply to human beings from conception and that the universal right to life applies to fetuses in the womb. Thus, some of those individuals express opposition to legal abortion.
Geolibertarianism is a political and economic ideology that integrates libertarianism with Georgism.
The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use, joining it with previously acquired property or by marking it as owned.
Self-ownership, also known as sovereignty of the individual or individual sovereignty, is the concept of property in one's own person, expressed as the moral or natural right of a person to have bodily integrity and be the exclusive controller of one's own body and life. Self-ownership is a central idea in several political philosophies that emphasize individualism, such as libertarianism, liberalism, and anarchism.
Usufruct is a limited real right found in civil-law and mixed jurisdictions that unites the two property interests of usus and fructus:
Criticism of libertarianism includes ethical, economic, environmental and pragmatic concerns, albeit most of them are mainly related to right-libertarianism. For instance, it has been argued that laissez-faire capitalism does not necessarily produce the best or most efficient outcome, nor does its philosophy of individualism and policies of deregulation prevent the abuse of natural resources. Criticism of left-libertarianism is instead mainly related to anarchism and include allegations of utopianism, tacit authoritarianism and vandalism towards feats of civilization. Furthermore, criticism include left-libertarians' critiques of right-libertarianism and vice versa.
Mutualism is an anarchist school of thought and economic theory that advocates a socialist society based on free markets and usufructs, i.e. occupation and use property norms. One implementation of this system involves the establishment of a mutual-credit bank that would lend to producers at a minimal interest rate, just high enough to cover administration. Mutualism is based on a version of the labor theory of value which it uses as its basis for determining economic value. According to mutualist theory, when a worker sells the product of their labor, they ought to receive money, goods, or services in exchange that are equal in economic value, embodying "the amount of labor necessary to produce an article of exactly similar and equal utility". According to historian James J. Martin, the individualist anarchists in the United States were socialists, whose support for the labor theory of value made their libertarian socialist form of mutualism a free-market socialist alternative to both capitalism and Marxism.
The non-aggression principle (NAP), also called the non-aggression axiom, the non-coercion principle, the non-initiation of force and the zero aggression principle, is a concept within right-libertarianism in which "aggression", defined as initiating or threatening any forceful interference with either an individual or their property, is inherently wrong. In contrast to pacifism, the NAP does not forbid forceful defense and is considered by some to be a defining principle of libertarianism in the United States. It is also a prominent idea in anarcho-capitalism, classical liberalism and minarchism.
Right-libertarianism, also known as libertarian capitalism or right-wing libertarianism, is a political philosophy and type of libertarianism that supports capitalist property rights and defends market distribution of natural resources and private property. The term right-libertarianism is used to distinguish this class of views on the nature of property and capital from left-libertarianism, a type of libertarianism that combines self-ownership with an egalitarian approach to natural resources. In contrast to socialist libertarianism, right-libertarianism supports free-market capitalism. Like most forms of libertarianism, it supports civil liberties, especially natural law, negative rights and a major reversal of the modern welfare state.
The law of equal liberty is the fundamental precept of liberalism and socialism. Stated in various ways by many thinkers, it can be summarized as the view that all persons must be granted the maximum possible freedom as long as that freedom does not interfere with the freedom of anyone else. While socialists have been hostile to liberalism, accused of "providing an ideological cover for the depredation of capitalism", it has been pointed out that "the goals of liberalism are not so different from those of the socialists", although this similarity in goals has been described as being deceptive due to the different meanings liberalism and socialism give to liberty, equality and solidarity, including the meaning, implications and norms of equal liberty derived from it.
Libertarianism is variously defined by sources as there is no general consensus among scholars on the definition nor on how one should use the term as a historical category. Scholars generally agree that libertarianism refers to the group of political philosophies which emphasize freedom, individual liberty and voluntary association. Libertarians generally advocate a society with little or no government power.
The Libertarian Party of Louisiana(LPL) is the Louisiana affiliate of the Libertarian Party. The state chairman is Rufus Holt Craig, Jr. It is the third largest party in Louisiana and one of five officially recognized parties in the state. The LPL has two legislative accomplishments to its credit, one a friendlier ballot access law passed in 2004, and the other, a defeat of a bill which would have redefined any party under 40,000 registered voters as a "minor" party and not deserving of federal primary elections. The party is currently organizing individual parishes with their own party committees and is fielding candidates in state and local elections.
Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board [1949] 2 KB 500 is an English land law and English contract law appeal decision. The case, decided by Denning LJ, confirmed positive covenants can supplant privity of contract in contracts to improve land and secondly a covenant should be implied where the contract shows an intention that the obligation would attach to the land. The case thirdly held in that context, a somewhat uncertain description of lands which was capable of being rendered certain by extrinsic evidence was sufficient to enforce the covenant.
The Custom of Paris was one of France's regional custumals of civil law. It was the law of the land in Paris and the surrounding region in the 16th–18th centuries and was applied to French overseas colonies, including New France. First written in 1507 and revised in 1580 and 1605, the Custom of Paris was a compilation and systematization of Renaissance-era customary law. Divided into 16 sections, it contained 362 articles concerning family and inheritance, property, and debt recovery. It was the main source of law in New France from the earliest settlement, but other provincial customs were sometimes invoked in the early period.
Evictionism is a moral theory advanced by Walter Block and Roy Whitehead on a proposed libertarian view of abortion based on property rights. This theory is built upon the earlier work of philosopher Murray Rothbard who wrote that "no being has a right to live, unbidden, as a parasite within or upon some person's body" and that therefore the woman is entitled to eject the baby from her body at any time. Evictionists view a mother's womb as her property and an unwanted fetus as a "trespasser or parasite", even while lacking the will to act. They argue that a mother has the right to evict a fetus from her body since she has no obligation to care for a trespasser. The authors' hope is that bystanders will "homestead" the right to care for evicted babies and reduce the number of human deaths. They argue that life begins at conception and state that the act of abortion must be conceptually separated into the acts of:
Left-wing market anarchism is a strand of free-market anarchism and an individualist anarchist, left-libertarian and libertarian socialist political philosophy and market socialist economic theory associated with contemporary scholars such as Kevin Carson, Gary Chartier, Charles W. Johnson, Roderick T. Long, Chris Matthew Sciabarra, Sheldon Richman and Brad Spangler, who stress the value of radically free markets, termed freed markets to distinguish them from the common conception which these libertarians believe to be riddled with statist and capitalist privileges. Proponents of this approach distinguish themselves from right-libertarians and strongly affirm the classical liberal ideas of self-ownership and free markets while maintaining that taken to their logical conclusions these ideas support anti-capitalist, anti-corporatist, anti-hierarchical and pro-labor positions in economics; anti-imperialism in foreign policy; and thoroughly radical views regarding socio-cultural issues.
Benjamin Ricketson Tucker was an American anarchist and socialist. A 19th-century proponent of individualist anarchism which he called "unterrified Jeffersonianism", Tucker was the editor and publisher of the American individualist anarchist periodical Liberty (1881–1908) as well as a member of the socialist First International.