Dr J C Lester on his New Theory of Liberty. (part 2 of 3.)

A brief statement of Lester's five-step libertarian philosophical theory

The main philosophical problem is that most libertarians don’t have an explicit theory of liberty. Consequently, for instance, they can’t explain how some property rights fit liberty while others don’t. This theory aims to make explicit the philosophical theory that is entailed by libertarianism. This is done by distinguishing five steps that other libertarians usually conflate to varying degrees.

Note that liberty is conceptually about the absence of some sort of constraint on something. But interpersonal (or social) liberty is about the absence of some sort of constraint on people by each other.

First, therefore, we must ask: in what way—at its most abstract—do we want other people not to constrain us? We want them not to initiate constraints on our preference-satisfaction. This is libertarian liberty-in-itself.

Second, how do we theoretically solve the obvious problem of clashing preferences in practice? When “the absence of initiated interpersonal constraints on preference satisfaction” (initiated impositions, for short) is not fully possible, then this can only be maximised in the most plausible way.

Third, what are the practical implications of applying this abstract theory? In a state of nature, applying it gives us three prima facie rules of maximal liberty-in-practice: 1) initial ultimate control of one’s body, 2) initial ultimate control of one’s used resources, and 3) consensual interpersonal interactions and resource transfers. Any other rules would typically initiate more interpersonal impositions.

Fourth, how do these practical implications relate to property? To institutionalise these practical rules as legally enforceable property rights is an additional logical step. Thus, we see that property, even self-ownership, is only the fourth step rather than the first (let alone an axiom).

Fifth, where do normative rights, morals, and values fit into the positive libertarian system? They are a further separate issue. Thus, they are only the fifth step rather than the first (let alone an axiom).

There is an important secondary, epistemological, problem. This is that most libertarians are justificationists (or foundationists) rather than critical rationalists. But that will not be discussed here.

———Dr J. C. Lester

https://www.meste.org/ojs/index.php/mest/article/view/1279

https://www.amazon.co.uk/Escape-Leviathan-Libertarianism-without-Justificationism/dp/1908684089