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Alternative title:

Murray Rothbard`s libertarianism as paradigm of thinking about state and law

Subject and Keywords:

Rothbard, Murray Newton (1926-1995)   libertarianism   anarchocapitalism   property rights   theory of law, paradigm   Austrian school of economics


The aim of this paper is to present libertarian philosophy of Murray Rothbard, an American philosopher and economist of Austrian School of Economics, as an example of a doctrine, belonging to the broader natural law paradigm, but nonetheless different from previous doctrines, and as an important alternative to the paradigm of positive law. The paper concerns the question of natural law in libertarianism and deriving inalienable rights from it, in the opposition to the statutory law approach, deriving limited basic rights from the constitution. Because of the mixing of property-based rights and ,,social” rights in the constitutional regulations, the whole rights system is incoherent unstable and unclear in its form, making it unpredictable for the observer. In conseqence, such construction leads to the broad infringements on the property rights, in the guise of protecting other, non-property based, rights. The libertarian approach, based on the notion of individual rights build upon the common denominator of property, allows to resolve the problem of conflicting basing rights and to stages the basis for criticism of statutory law system. The publication also describes the problem of defining limits of the property rights from the libertarian perspective - a problem characteristic for the legal systems of Central Europe. Limitations on the property rights, as infringing on the homestead rules, causes the praxeological contradiction with the essence of the property rights, namely the resolving problem of the distribution of rare economic goods. The publication ends with the mention on the libertarian research in the area of the legal history.

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doi:10.34616/144530   ISSN 2080-332X



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Copyright by Pracownia Badań Orientalnych, Katedra Doktryn Politycznych i Prawnych Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego & Authors, Wrocław 2021

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WR U/PAdal