MSE 299: Course Outline
Introduction
Designing a Free Society
Social arrangements
Legal systems
Govern the use of force
Determined by the portion of your ethical code to be imposed on others
The Maxim
“Peaceful, honest people have the right to be left alone.”
Positive and negative rights
Definition of terms
Personal and economic freedoms
The matrix: OK to be rich? / OK to take drugs?
Rights to body and property
Inseparable
Delegable
Self-defense
Not pacifist, but accommodates pacifists
Consequences of the maxim
No requiring benign people to take actions they do not want to take
No draft
No required witnesses or jury service
No compulsory education
No taxation
No preventing benign people from taking actions they prefer
No vice laws
No laws against suicide
No state licensing of professions or products
No wage or price controls
No crimes against the state
Bases for maxim
None
Religious
Natural Law
Empirical
Psychological
Consequential
Are criminals and terrorists the results of earlier rights violations?
Efficacy and Ethics
Worries / Provisos
Chaos
“Free riders”
Transient instability
Irrevocability
Control by rich or big business
Interface with other systems
Police
Courts
Defense
“Just” starting position
Care of the unfortunate
Environmental protection
Spontaneous order
Concern with corner conditions
No assumption of ideal people
Self-replication: anyone can generate theory from the maxim
Property Rights
Use rights
Acquisition
Exchange
Markets
Black markets
Pricing systems
Entrepreneurship
Title
Difference between title and property
Difference between title and evidence of title
Common law
Napoleonic code
Rights to expectations
Contracts
Exchange of property rights
"Meeting of the minds"
Penalty clauses
Complete contracts
Specific performance
Inalienable rights - sale of body parts
Implicit contracts
Covenants
Intellectual Property
Patents vs. Copyrights
Trade secrets
Trademarks
Torts
Corporations
Liability
Bankruptcy
Eminent domain
Options
Personal Rights
Self-defense
Use of minimum force necessary
Delegation
No compulsory service
Draft
Jury service
Subpoenas
Privacy
Freedom of speech
Libel
Slander
Blackmail
Freedom of action
Discrimination
Boycotts
Joint action
Group rights
Possessors of Rights
Cases of rights limitations
Children
Incompetents
The incapacitated
Guardian-ward theory
Mental health
Children’s rights
Abortion
Animal rights
Rights Violations
Crime and punishment
Violence, threats, theft, fraud
Decisions vs. outcomes
Restitution
Criminal overhead
Conspiracy
Historical rights violations
Practical redress
The Current State
The Economy
Taxation
Regulation
Monetary Systems
Wage / Price / Rent / Trade controls
Zoning
Licensing
Antitrust
Labor laws
Unions
Public utilities
State enterprises
Roads, schools, parks, research support
The Person
Prohibitions
Gun control
Abortion
Victimless crime
Gambling
Drugs
Prostitution
Usury
Requirements
Conscription
Jury
Subpoenas
The Need for the State
Foreign Affairs
Alliances
Diplomatic rights
Foreign aid
Projection of power
The Environment
Pollution
"Cocoon" theory
Injunctions
Use rights
Duration
Exchange
“Basins”
Enforcement by tort law
Risk as pollution
Examples
Nuclear power
Acid rain
Resource depletion
Rights of the future
Helping the Unfortunate
Real help
Short and long term effects
Welfare
Private charity
Suppression of individual concern
Psychology of help
The Minimal State
Police
Courts
Defense
Mass weapons
Transition
Lessons of psychology
Myers-Briggs
Learning the thrill of responsibility
Learning compassion
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