Kinsella On Liberty

KOL492 | Menger Institute Podcast #6: Property Rights, Patents, Anarchy, Patents, Anarchy, Technology, Long-Term Hope for Freedom and the Technological Death of the State

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aflevering KOL492 | Menger Institute Podcast #6: Property Rights, Patents, Anarchy, Patents, Anarchy, Technology, Long-Term Hope for Freedom and the Technological Death of the State artwork

Beschrijving

Kinsella on Liberty Podcast: Episode 492. https://youtu.be/wORPhS6dTv4?si=m01gSOxqjHJ3vDEW This is my interview by Matthew Geiger of the Carl Menger Institute for Menger Institute Podcast #6 (recorded June 11, 2026). Shownotes and transcript below. Related links TBD Shownotes (Grok) Podcast Show Notes Episode Title: Stephan Kinsella: From Patent Attorney to Anarcho-Libertarian Theorist – Property Rights, IP, Bitcoin, and the Future of Liberty Guest: Stephan Kinsella – Retired patent attorney, prolific libertarian writer, anarcho-libertarian legal theorist, and key figure associated with the Mises Institute and Property and Freedom Society. Episode Summary: Matthew Geiger sits down with Stephan Kinsella for a deep, wide-ranging conversation covering Kinsella’s personal journey into libertarianism, the philosophical foundations of libertarian thought, the critical importance of property rights, the case against intellectual property, generational challenges, technological disruption, foreign policy critiques, and an optimistic long-term vision for human freedom. Topics & Timestamps Introduction 0:00 Matthew Geiger welcomes listeners to the Menger Institute podcast and introduces Stephan Kinsella as a retired patent attorney and libertarian writer. Kinsella expresses his excitement about the conversation. How Stephan Kinsella Discovered Libertarianism 0:19 Matthew Geiger asks Kinsella to share his personal story, including his work with Murray Rothbard and Hans-Hermann Hoppe. Kinsella recounts growing up in a conservative Louisiana household with little political or economic knowledge. A librarian gave him The Fountainhead in high school, sparking his interest in philosophy, individualism, and free-market economics. He read voraciously, quickly became a libertarian, then an Austrian, and eventually an anarchist during college and law school. He practiced oil & gas, international, and eventually patent law for 30 years while pursuing libertarian theory as an avocation, attending Mises Institute events since 1995. Libertarian vs. Anarchist: Definitions and Preferences 2:17 Matthew Geiger asks about the distinction between calling oneself a libertarian versus an anarchist. Kinsella explains different axes of libertarianism (activism vs. theory vs. personal conduct) and argues that libertarianism is a consistent extension of classical liberalism centered on self-ownership and Lockean property rights. He details why the Non-Aggression Principle (NAP) is actually a shorthand for a deeper cluster of property rules — homesteading, contract, and rectification — rather than a standalone axiom. He makes the case that the most consistent libertarians are anarchists, while minarchists are libertarians with an asterisk, and classical liberals are close intellectual cousins but not true libertarians. Matthew Geiger on Labels and Consistency 10:19 Matthew Geiger shares his own thoughts on the dilution of the term “libertarian” and his preference for “anarchist.” He discusses taking the label back from the left and echoes Hoppe’s view that the state is always socialist. Geiger and Kinsella agree that the most principled position is anarcho-libertarianism (or Austro-libertarianism), which recognizes the natural emergence of hierarchy, authority, norms, and social consequences in a free society — things many modern libertarians mistakenly reject. Younger Generations, Cultural Shifts, and Advice 13:23 Matthew Geiger asks about cultural and political trends among younger generations, referencing Javier Milei’s popularity, and requests advice for them. Kinsella sympathizes with Gen Z and Millennials, blaming previous generations for poor education, inflation, debt, and making normal life unaffordable. He advises libertarians to adopt a long-term perspective, read Albert Jay Nock’s Isaiah’s Job, focus on being part of the “remnant,” maintain balance in life (career, finances, family), and avoid burning out on short-term activism. He also reflects on how the libertarian movement has grown larger, more international, and more radical since the 2008 Ron Paul campaign, though newer adherents tend to be less well-read. Optimism About Technology, Fragmentation, and the Future 21:40 Matthew Geiger expresses optimism about technology, the internet, AI, and the erosion of state monopolies on force and information. Kinsella shares a cautious but ultimately hopeful outlook. He discusses the benefits of media fragmentation (less centralized propaganda), the logic of Bitcoin succeeding on its own merits rather than activism, and why liberty, if achieved, will be because it is natural and inevitable. He touches on the Fermi paradox and great filter while maintaining long-term civilizational optimism. Foreign Policy, Economics, and IP Imperialism 31:59 Matthew Geiger circles back to connections between culture, foreign policy, and monetary policy, critiquing U.S. aid to Israel and mercantilist justifications. Kinsella delivers a sharp analysis of Pax Americana, dollar hegemony, the military-industrial complex, and how the U.S. exports inflation while benefiting certain industries. He describes “IP imperialism” — patents and copyrights — as tools that allow Hollywood, Big Pharma, and defense contractors to extract wealth from the rest of the world. Stephan Kinsella on Decentralization, IP, and the Future of the State 36:14 The conversation continues with Matthew Geiger noting decentralization in music production. Kinsella explains how technology (internet, streaming, piracy) has already weakened copyright and predicts 3D printing, robotics, and AI could eventually undermine pharmaceutical patents. He launches into a passionate critique of intellectual property as one of the most anti-libertarian, innovation-harming policies in existence. He envisions technology enabling greater self-sufficiency, causing the state to gradually wither away like the British monarchy — becoming largely ceremonial while private enterprise and civil society take over most functions. Kinsella ends on a hopeful, if long-term, note about humanity maturing beyond tribalism and primitive superstitions. Closing Thoughts and Resources 55:08 Stephan Kinsella promotes the Property and Freedom Society’s annual conference in Turkey, the new book Rothbard at 100, and his “Universal Principles of Liberty” project (a concise statement of libertarian legal principles). Matthew Geiger thanks Kinsella and expresses interest in attending future events. Links & Resources: Stephan Kinsella: stephankinsella.com Property and Freedom Society: propertyandfreedom.org Rothbard at 100 (pre-order available) Mises Institute Episode Length: Approximately 58 minutes This episode offers a rich blend of personal history, rigorous libertarian theory, sharp cultural commentary, and forward-looking optimism. Highly recommended for anyone interested in Austrian economics, property rights, critiques of intellectual property, and the future of freedom. Transcript Introduction 0:00 Matthew Geiger: Ladies and gentlemen, welcome back to the Menger Institute podcast. We have a very special guest. We have with us a retired patent attorney and libertarian writer, Stephan Kinsella. Welcome to the Menger Institute podcast. Stephan Kinsella: Thanks for having me. Yeah, I'm very excited to talk to you. How Stephan Kinsella Discovered Libertarianism 0:19 Matthew Geiger: I want to begin, I think, with how you got into libertarianism, your work with Murray Rothbard and Hans-Hermann Hoppe, and yeah if you could tell us your story. Stephan Kinsella: Well I am, as you mentioned, retired. I did patent law, I did various types of law for about 30 years in private practice in the US: oil and gas law first and then international law and then patent law. So I've done a variety. In the later part a lot of high-tech law. But on the side, I also did a lot of libertarian writing and thinking because I've been interested in it since about high school. I am from Louisiana. I just came from a conservative household but had zero political or economic knowledge or even historical knowledge. But a librarian gave me The Fountainhead to read in high school and I read it and that got me interested in philosophy and free market economics and individualism. So I started reading voraciously and very soon became a libertarian and then of course reading the Austrians like Mises and Rothbard and the others pretty soon became an Austrian libertarian and then an anarchist. And I've been like that since college or law school. In law school and after I started trying to expand or develop the theories I've been reading to make some progress where I thought I could. And so that's sort of been my avocation all these years as a lawyer and now it's my main hobby or interest. So that's how I got interested in it and I started attending Mises Institute events in 1995 and did that for many years. Libertarian vs. Anarchist: Definitions and Preferences 2:17 Matthew Geiger: This may be a question of semantics but you say libertarian and I want to know what your distinction is or preference for describing yourself as libertarian or anarchist. Stephan Kinsella: Yes, I've always been, so in my view there are two types of libertarians in the sense of your interest. One is activism, that is being part of some movement trying to make change, and then the other is just being interested in the ideas, and then the other is just being a libertarian, like acting in a peaceful way and following those rules. But I've always been interested in the theory, like the arguments for rights and for law, things like that. But of course I'm also interested in achieving such a world. And so that's where the activism side comes in. And that part breaks down into two parts. You could say intellectual activism and political activism. So the political is like joining the Libertarian Party,...

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aflevering KOL492 | Menger Institute Podcast #6: Property Rights, Patents, Anarchy, Patents, Anarchy, Technology, Long-Term Hope for Freedom and the Technological Death of the State artwork

KOL492 | Menger Institute Podcast #6: Property Rights, Patents, Anarchy, Patents, Anarchy, Technology, Long-Term Hope for Freedom and the Technological Death of the State

Kinsella on Liberty Podcast: Episode 492. https://youtu.be/wORPhS6dTv4?si=m01gSOxqjHJ3vDEW This is my interview by Matthew Geiger of the Carl Menger Institute for Menger Institute Podcast #6 (recorded June 11, 2026). Shownotes and transcript below. Related links TBD Shownotes (Grok) Podcast Show Notes Episode Title: Stephan Kinsella: From Patent Attorney to Anarcho-Libertarian Theorist – Property Rights, IP, Bitcoin, and the Future of Liberty Guest: Stephan Kinsella – Retired patent attorney, prolific libertarian writer, anarcho-libertarian legal theorist, and key figure associated with the Mises Institute and Property and Freedom Society. Episode Summary: Matthew Geiger sits down with Stephan Kinsella for a deep, wide-ranging conversation covering Kinsella’s personal journey into libertarianism, the philosophical foundations of libertarian thought, the critical importance of property rights, the case against intellectual property, generational challenges, technological disruption, foreign policy critiques, and an optimistic long-term vision for human freedom. Topics & Timestamps Introduction 0:00 Matthew Geiger welcomes listeners to the Menger Institute podcast and introduces Stephan Kinsella as a retired patent attorney and libertarian writer. Kinsella expresses his excitement about the conversation. How Stephan Kinsella Discovered Libertarianism 0:19 Matthew Geiger asks Kinsella to share his personal story, including his work with Murray Rothbard and Hans-Hermann Hoppe. Kinsella recounts growing up in a conservative Louisiana household with little political or economic knowledge. A librarian gave him The Fountainhead in high school, sparking his interest in philosophy, individualism, and free-market economics. He read voraciously, quickly became a libertarian, then an Austrian, and eventually an anarchist during college and law school. He practiced oil & gas, international, and eventually patent law for 30 years while pursuing libertarian theory as an avocation, attending Mises Institute events since 1995. Libertarian vs. Anarchist: Definitions and Preferences 2:17 Matthew Geiger asks about the distinction between calling oneself a libertarian versus an anarchist. Kinsella explains different axes of libertarianism (activism vs. theory vs. personal conduct) and argues that libertarianism is a consistent extension of classical liberalism centered on self-ownership and Lockean property rights. He details why the Non-Aggression Principle (NAP) is actually a shorthand for a deeper cluster of property rules — homesteading, contract, and rectification — rather than a standalone axiom. He makes the case that the most consistent libertarians are anarchists, while minarchists are libertarians with an asterisk, and classical liberals are close intellectual cousins but not true libertarians. Matthew Geiger on Labels and Consistency 10:19 Matthew Geiger shares his own thoughts on the dilution of the term “libertarian” and his preference for “anarchist.” He discusses taking the label back from the left and echoes Hoppe’s view that the state is always socialist. Geiger and Kinsella agree that the most principled position is anarcho-libertarianism (or Austro-libertarianism), which recognizes the natural emergence of hierarchy, authority, norms, and social consequences in a free society — things many modern libertarians mistakenly reject. Younger Generations, Cultural Shifts, and Advice 13:23 Matthew Geiger asks about cultural and political trends among younger generations, referencing Javier Milei’s popularity, and requests advice for them. Kinsella sympathizes with Gen Z and Millennials, blaming previous generations for poor education, inflation, debt, and making normal life unaffordable. He advises libertarians to adopt a long-term perspective, read Albert Jay Nock’s Isaiah’s Job, focus on being part of the “remnant,” maintain balance in life (career, finances, family), and avoid burning out on short-term activism. He also reflects on how the libertarian movement has grown larger, more international, and more radical since the 2008 Ron Paul campaign, though newer adherents tend to be less well-read. Optimism About Technology, Fragmentation, and the Future 21:40 Matthew Geiger expresses optimism about technology, the internet, AI, and the erosion of state monopolies on force and information. Kinsella shares a cautious but ultimately hopeful outlook. He discusses the benefits of media fragmentation (less centralized propaganda), the logic of Bitcoin succeeding on its own merits rather than activism, and why liberty, if achieved, will be because it is natural and inevitable. He touches on the Fermi paradox and great filter while maintaining long-term civilizational optimism. Foreign Policy, Economics, and IP Imperialism 31:59 Matthew Geiger circles back to connections between culture, foreign policy, and monetary policy, critiquing U.S. aid to Israel and mercantilist justifications. Kinsella delivers a sharp analysis of Pax Americana, dollar hegemony, the military-industrial complex, and how the U.S. exports inflation while benefiting certain industries. He describes “IP imperialism” — patents and copyrights — as tools that allow Hollywood, Big Pharma, and defense contractors to extract wealth from the rest of the world. Stephan Kinsella on Decentralization, IP, and the Future of the State 36:14 The conversation continues with Matthew Geiger noting decentralization in music production. Kinsella explains how technology (internet, streaming, piracy) has already weakened copyright and predicts 3D printing, robotics, and AI could eventually undermine pharmaceutical patents. He launches into a passionate critique of intellectual property as one of the most anti-libertarian, innovation-harming policies in existence. He envisions technology enabling greater self-sufficiency, causing the state to gradually wither away like the British monarchy — becoming largely ceremonial while private enterprise and civil society take over most functions. Kinsella ends on a hopeful, if long-term, note about humanity maturing beyond tribalism and primitive superstitions. Closing Thoughts and Resources 55:08 Stephan Kinsella promotes the Property and Freedom Society’s annual conference in Turkey, the new book Rothbard at 100, and his “Universal Principles of Liberty” project (a concise statement of libertarian legal principles). Matthew Geiger thanks Kinsella and expresses interest in attending future events. Links & Resources: Stephan Kinsella: stephankinsella.com Property and Freedom Society: propertyandfreedom.org Rothbard at 100 (pre-order available) Mises Institute Episode Length: Approximately 58 minutes This episode offers a rich blend of personal history, rigorous libertarian theory, sharp cultural commentary, and forward-looking optimism. Highly recommended for anyone interested in Austrian economics, property rights, critiques of intellectual property, and the future of freedom. Transcript Introduction 0:00 Matthew Geiger: Ladies and gentlemen, welcome back to the Menger Institute podcast. We have a very special guest. We have with us a retired patent attorney and libertarian writer, Stephan Kinsella. Welcome to the Menger Institute podcast. Stephan Kinsella: Thanks for having me. Yeah, I'm very excited to talk to you. How Stephan Kinsella Discovered Libertarianism 0:19 Matthew Geiger: I want to begin, I think, with how you got into libertarianism, your work with Murray Rothbard and Hans-Hermann Hoppe, and yeah if you could tell us your story. Stephan Kinsella: Well I am, as you mentioned, retired. I did patent law, I did various types of law for about 30 years in private practice in the US: oil and gas law first and then international law and then patent law. So I've done a variety. In the later part a lot of high-tech law. But on the side, I also did a lot of libertarian writing and thinking because I've been interested in it since about high school. I am from Louisiana. I just came from a conservative household but had zero political or economic knowledge or even historical knowledge. But a librarian gave me The Fountainhead to read in high school and I read it and that got me interested in philosophy and free market economics and individualism. So I started reading voraciously and very soon became a libertarian and then of course reading the Austrians like Mises and Rothbard and the others pretty soon became an Austrian libertarian and then an anarchist. And I've been like that since college or law school. In law school and after I started trying to expand or develop the theories I've been reading to make some progress where I thought I could. And so that's sort of been my avocation all these years as a lawyer and now it's my main hobby or interest. So that's how I got interested in it and I started attending Mises Institute events in 1995 and did that for many years. Libertarian vs. Anarchist: Definitions and Preferences 2:17 Matthew Geiger: This may be a question of semantics but you say libertarian and I want to know what your distinction is or preference for describing yourself as libertarian or anarchist. Stephan Kinsella: Yes, I've always been, so in my view there are two types of libertarians in the sense of your interest. One is activism, that is being part of some movement trying to make change, and then the other is just being interested in the ideas, and then the other is just being a libertarian, like acting in a peaceful way and following those rules. But I've always been interested in the theory, like the arguments for rights and for law, things like that. But of course I'm also interested in achieving such a world. And so that's where the activism side comes in. And that part breaks down into two parts. You could say intellectual activism and political activism. So the political is like joining the Libertarian Party,...

Gisteren1 h 0 min
aflevering KOL491 | Trying to Persuade Paul Cwik of the Case Against IP artwork

KOL491 | Trying to Persuade Paul Cwik of the Case Against IP

Kinsella on Liberty Podcast: Episode 491. https://youtu.be/lfjpoKCWBDA I've known Paul Cwik, Professor of Economics and Finance at the University of Mount Olive and fellow of the Mises Institute since I started attending the Austrian Scholars Conference in 1995. He is an Austrian and libertarian of sorts but had some qualms with my anti-IP writing so presented a paper "Is There Room for Intellectual Property Rights in Austrian Economics?" at the Austrian Scholars Conference in 2008, which I attended and commented on. After 18 years we finally decided to get around to talking about this. I had planned on an hour but we ended up talking for 3. It turns out we were old friends but not that close; we didn't know much about each other. So the first 30-50 minutes or so is more preliminary discussion. To his credit, he read a good deal of the huge deluge of material I sent to read up on and asked many very good questions. He did not engage in intentional equivocation that is characteristic of many on the pro-IP side, and he was reasonable in conceding many of my points and was willing to ponder my push back. I was hoping to get him to see the light, since I have in person seen many people change their minds on IP after a long discussion but have never had it happen while recording. We did not resolve the issue, partly because we just didn't have enough time to keep going, but I think we made some progress. Maybe we will have a Part 2 later. Who knows. For now, some relevant links pertaining to some of the topics discussed. I will organize this better later. (Not to be confused with Bryan Cwik, who also has opinions on IP: “Good Ideas is Pretty Scarce”; Bryan Cwik, "Property Rights in Non‐rival Goods" (2, 3, 4); "Labor as the Basis for Intellectual Property Rights" (2; 3); Gamrot, Labor as the Basis for Intellectual Property Rights: Against Cwik.) IP Proponents Do Not Even Know The Difference Between Patent, Copyright, Trademark …  Types of Intellectual Property It is impossible to own ideas Intellectual Property Rights as Negative Servitudes The “Ontology” Mistake of Libertarian Creationists See the Appendix to What Libertarianism Is: section “Concept and Definition of “Property”” The Structural Unity of Real and Intellectual Property Gamrot, Labor as the Basis for Intellectual Property Rights: Against Cwik The “Ontology” Mistake of Libertarian Creationists Objectivists: “All Property is Intellectual Property” A Recurring Fallacy: “IP is a Purer Form of Property than Material Resources” New Working Paper: Machan on IP “Aggression” versus “Harm” in Libertarianism Kinsella v. Schulman on Logorights and IP The Nature, Properties, and Characteristics of Goods (Igloo Coolers case) Fraud, Restitution, and Retaliation: The Libertarian Approach Libertarian Answer Man: Bitcoin and Fraud KOL274 | Nobody Owns Bitcoin (PFS 2019) On Property Rights in Superabundant Bananas and Property Rights as Normative Support for Possession Libertarian Answer Man: Self-ownership for slaves and Crusoe; and Yiannopoulos on Accurate Analysis and the term “Property”; Mises distinguishing between juristic and economic categories of “ownership” There are No Good Arguments for Intellectual Property Defamation as a Type of Intellectual Property (and trademark) KOL207 | Patent, Copyright, and Trademark Are Not About Plagiarism, Theft, Fraud, or Contract KOL020 | “Libertarian Legal Theory: Property, Conflict, and Society: Lecture 3: Applications I: Legal Systems, Contract, Fraud” (Mises Academy, 2011) Copying vs. Plagiarism: A Recent Illustration—Grau vs. Hernandez on Milei Re the practice of attribution and credit: see Stephan Kinsella, “Mises, Rothbard, Hoppe: An Indispensable Framework,” in  Rothbard at 100: A Tribute and Assessment, Stephan Kinsella and Hans-Hermann Hoppe, eds. (Houston: Papinian Press and Property and Freedom Society, 2026), in the section “Excursus: The Role of Ideas in Human Action” “Copying, Patent Infringement, Copyright Infringement are not “Theft”, Stealing, Piracy, Plagiarism, Knocking Off, Ripping Off“ Intellectual Property Rights as Negative Servitudes Stop calling patent and copyright “property”; stop calling copying “theft” and “piracy” IP Proponents Do Not Even Know The Difference Between Patent, Copyright, Trademark …  Fraud: A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, Part III.E “The Title-Transfer Theory of Contract,” Part IV.C Labor and Leisure Rothbard on the Main Fallacy of our Time: Marx’s Labor Theory of Value KOL037 | Locke’s Big Mistake: How the Labor Theory of Property Ruined Political Theory “Hume on Intellectual Property and the Problematic “Labor” Metaphor” Cordato and Kirzner on Intellectual Property Labor, Value, Metaphors, Locke, Intellectual Property Concise Tweet on the Problem with IP Against Intellectual Property After Twenty Years: Looking Back and Looking Forward: Part IV.D: "Overreliance on “labor” metaphors also leads to confusion about IP. Locke correctly argued that the first person to “mix his labor with” an unowned resource owns it, since he thereby establishes an objective link to the resource which gives him a better claim to it than latecomers.[55] However, Locke based his argument on the confused and unnecessary idea that a person “owns” his labor and “therefore” owns resources that he mixes it with. But labor is not owned—it is an action, something a person performs with his body, which he does own—and this assumption is not needed for the Lockean labor-mixture argument to work.[56] This mistaken notion leads some people to favor IP because they figure that if you own a scarce resource because you mix your labor with it, you also own useful ideas that are produced with your labor. The related Smith-Ricardo-Marx labor theory of value, which underlies Marxism and socialism, is also sometimes used to support IP, as when people argue that if you work or labor, you “deserve” some kind of reward or profit. All this focus on labor must be rejected as overly metaphorical and confused, and, frankly, Marxian.[57]" On Libertarian Legal Theory, Self-Ownership and Drug Laws: p. 632 Libertarianism After Fifty Years: What Have We Learned?, p. 687 Creationism: Libertarian and Lockean Creationism: Creation As a Source of Wealth, not Property Right Libertarian Creationism KOL012 | “The Intellectual Property Quagmire, or, The Perils of Libertarian Creationism,” Austrian Scholars Conference 2008 KOL037 | Locke’s Big Mistake: How the Labor Theory of Property Ruined Political Theory Part III.C.2 C. Contract and Fraud Arguments for IP Fraud and Plagiarism “Copying, Patent Infringement, Copyright Infringement are not “Theft”, Stealing, Piracy, Plagiarism, Knocking Off, Ripping Off“ IP by Contract I discuss problems with the contractual argument for IP in: Kinsella (2008, pp. 51–55) — Against Intellectual Property Kinsella, April 8, 2025. “KOL458 | Patent and Copyright versus Innovation, Competition, and Property Rights (APEE 2025).” Kinsella on Liberty Podcast. Link Kinsella, Law and Intellectual Property in a Stateless Society, Part III.C Against Intellectual Property After Twenty Years: Looking Back and Looking Forward, n.46 June 13, 2021. “Richard O. Hammer: Intellectual Property Rights Viewed As Contracts.” C4SIF Blog. https://c4sif.org/2021/06/richard-o-hammer-intellectual-property-rights-viewed-as-contracts/ 2023t, Stephan Kinsella on the Logic of Libertarianism and Why Intellectual Property Doesn’t Exist, text at n.52 Jan. 8, 2025. “David Gordon on IP.” C4SIF Blog. https://c4sif.org/2025/01/david-gordon-on-ip/ See also Wendy McElroy’s perceptive comments on this issue in Kinsella (March 19, 2013). “McElroy: ‘On the Subject of Intellectual Property’ (1981).” C4SIF Blog. Link Bouckaert (1990, pp. 795 & 804–805). Bouckaert, Boudewijn (1990). “What is Property?” Harv. J. L. & Pub. Pol’y 13, no. 3: 775–816 (attached) Related Links Hoppe on Intellectual Property The Universal Principles of Liberty A Selection of my Best Articles and Speeches on IP Key Works The Problem with Intellectual Property (2025) “Intellectual Property and Libertarianism”, Mises Daily (Nov. 17, 2009). Concise case against IP. An Overview of Libertarian Property Rights and the Case Against IP (from KOL341) How To Think About Property “The Overwhelming Empirical Case Against Patent and Copyright” Other Recommended KOL483 | The Economics and Ethics of Intellectual Property, Loyola University—New Orleans (a very good recent overview) KOL 037 | Locke’s Big Mistake: How the Labor Theory of Property Ruined Political Theory Shownotes/Topical Summary (Grok) Stephan Kinsella with Paul Cwik • 2 hours 56 minutes In this nearly 3-hour conversation, Stephan Kinsella and economist Paul Cwik explore their personal histories, shared libertarian and Austrian foundations, and engage in a detailed, respectful debate on intellectual property — particularly copyright. Kinsella lays out his principled case against IP while Cwik defends copyright (but rejects patents). Timestamps & Detailed Summary 0:02 – Introduction and Casual Catch-Up Kinsella and Cwik greet each other and set the stage. Cwik explains he has wanted to discuss IP with Kinsella for years because their views differ. He notes he has persuaded people in person on IP and hopes to document the conversation. They acknowledge this is not a typical Kinsella podcast. 1:38 – How Long Have They Known Each Other? They reminisce about Mises Institute events. Kinsella’s first was in 1990; Cwik started attending in 1995. They recall the Austrian Scholars Conferences and the tight-knit Austrian community at Auburn in the 1990s. ...

10 jun 20262 h 56 min
aflevering KOL490 | Libertarian Christian Institute: Rothbard at 100: Why His Ideas Still Matter, with Stephan Kinsella artwork

KOL490 | Libertarian Christian Institute: Rothbard at 100: Why His Ideas Still Matter, with Stephan Kinsella

Kinsella on Liberty Podcast: Episode 490. This is my interview by Cody Cook (@CantusFirmusCC) of the Libertarian Christian Institute (@LCIOfficial), whose show I've been on previously, (( KOL388 | Cantus Firmus with Cody Cook: Against Intellectual Property. )) and whose book, Faith Seeking Freedom: Libertarian Christian Answers to Tough Questions, I endorsed, to discuss my recent book Rothbard at 100: A Tribute and Assessment (2026). Episode: Rothbard at 100: Why His Ideas Still Matter, with Stephan Kinsella (May 22, 2026 (recorded May 5, 2026)). Cody was an excellent interviewer, which is one reason I think this was one of my most comfortable and relaxed performances ever. https://youtu.be/VrxyNvzTonE?si=YWammoXzdzEmFfJo From his longer article Rothbard at 100: Why His Ideas Still Matter, with Stephan Kinsella (May 22, 2026): *** If he hadn’t passed away in 1995, Murray Rothbard would have turned one hundred this year. Why do his ideas still endure, inspire, and provoke? The answer isn’t nostalgia. It’s that Rothbard’s ideas continue to shape libertarian thought, economics, and the case for a free society in ways few thinkers ever have. His influence is visible in the modern liberty movement, in the resurgence of Austrian economics, and in the ongoing debates about property, the state, and intellectual freedom. Stephan Kinsella (@NSKinsella), co-editor of the new book Rothbard at 100, joins Cody Cook to explain why Rothbard’s legacy endures. The episode argues that Rothbard still matters because he built a framework that remains indispensable for understanding political economy, human action, and the moral limits of state power. The Case for Rothbard: Ten Reasons Why Rothbard Still Matters 1. Rothbard helped define the modern libertarian movement Rothbard stands at the foundation of the post‑war libertarian tradition, synthesizing Austrian economics, natural rights theory, and radical anti‑statism into a coherent worldview. The episode argues that without him, the movement would lack its intellectual backbone. This is one of the core reasons Rothbard still matters: he built the architecture others now inhabit. 2. He systematized libertarianism into a full philosophy Where earlier thinkers offered fragments, Rothbard produced treatises. Man, Economy, and State, Power and Market, and The Ethics of Liberty form a unified system of economics, ethics, and political theory. That system continues to anchor libertarian scholarship. 3. Rothbard advanced Austrian economics beyond Mises Rothbard didn’t merely popularize Mises; he extended him. His corrections to monopoly theory and his insistence that state‑created privilege—not market structure—is the real source of monopoly remain central to Austrian analysis. This refinement is one of the reasons Rothbard still matters for anyone studying markets and state intervention. 4. He embraced radical conclusions others avoided Rothbard took the logic of liberty to its endpoint: anarcho‑capitalism. Even those who reject that conclusion must grapple with his arguments. His willingness to follow principles to their logical end continues to challenge libertarians who prefer half‑measures. 5. His contract theory remains groundbreaking Kinsella argues that Rothbard’s “title‑transfer theory of contract,” is one of his most overlooked achievements. It reframes contracts not as promises but as transfers of property titles. This innovation still shapes libertarian legal theory and is a key reason Rothbard still matters in debates about consent, obligation, and ownership. 6. Rothbard influenced the thinkers who influence us Hans‑Hermann Hoppe, one of the most important living libertarian theorists, was one of Rothbard’s closest students. The intellectual lineage from Mises → Rothbard → Hoppe forms a framework Kinsella calls “indispensable.” Understanding that lineage is essential for understanding today’s liberty movement. 7. He built institutions that still shape the movement Rothbard helped launch the Mises Institute and mentored scholars who now lead major libertarian organizations. His institutional legacy ensures that his ideas continue to shape research, education, and activism. 8. Rothbard’s historical works remain unmatched Conceived in Liberty and his Austrian Perspective on the History of Economic Thought demonstrate a breadth few libertarian thinkers have matched. His historical method—tracing ideas, incentives, and power—still informs how libertarians analyze political development. 9. His mistakes sharpened later libertarian theory The episode doesn’t hide Rothbard’s errors, especially on intellectual property. Kinsella argues that Rothbard’s missteps helped clarify why scarcity, not creation, grounds property rights. Even his mistakes are reasons Rothbard still matters, because they pushed the theory forward. 10. Rothbard’s work remains accessible and alive The new Rothbard at 100 Festschrift—featuring scholars who knew him and those shaped by him—shows that his ideas continue to inspire serious scholarship. The fact that this book exists is itself a reason Rothbard still matters: his intellectual world is still expanding. Conclusion Rothbard still matters because he built something durable. His synthesis of Austrian economics, natural rights, and radical anti‑statism remains the most coherent framework for understanding liberty. The episode argues that his influence is not a relic but a living force shaping how libertarians think about property, the state, and human action. Kinsella’s case is that Rothbard’s work forms part of an indispensable triad with Mises and Hoppe. That framework continues to guide scholars, pastors, activists, and anyone seeking a principled defense of a free society. The reasons Rothbard still matters are not sentimental—they are structural. His ideas continue to do real work in the world.   Additional Resources From the Libertarian Christian Podcast “We Don’t Need No Stinkin’ Intellectual Property” — Kinsella’s earlier appearance on LCP discussing why IP conflicts with libertarian principles. “Faith Seeking Freedom (2nd Edition)” — Mentioned in the episode; LCI’s expanded guide to Christian libertarianism. External Reads Rothbard at 100 — The Property and Freedom Society’s tribute to Murray Rothbard, edited by Stephan Kinsella and Hans-Hermann Hoppe. Murray Rothbard, The Ethics of Liberty — Rothbard’s core moral and political treatise; foundational for natural‑rights libertarianism. Murray Rothbard, Man, Economy, and State — His major economic work, extending Misesian praxeology. Hans‑Hermann Hoppe, A Theory of Socialism and Capitalism — Represents the next step in the Mises‑Rothbard‑Hoppe lineage. Stephan Kinsella, Legal Foundations of a Free Society — Kinsella’s own contribution, heavily influenced by Rothbard and discussed in the episode. Stephan Kinsella, Against Intellectual Property — Kinsella’s robust and persuasive argumentation for abandoning the notion of intellectual property.

28 mei 202658 min
aflevering KOL488 | My Years with the Mises Institute artwork

KOL488 | My Years with the Mises Institute

Kinsella on Liberty Podcast: Episode 488. Audio version of Stephan Kinsella, “My Years with the Mises Institute,” Property and Freedom Journal (May 2, 2026). Audio prepared with AI by Jorge Besada. Related: Hans-Hermann Hoppe, “Mises Institute: Quo Vadis?: Postscript,” Property and Freedom Journal (April 17, 2026) Hans-Hermann Hoppe, “Mises Institute: Quo Vadis?”, Property and Freedom Journal (March 25, 2026) https://youtu.be/Vm9iTvbDExo From the article: Introduction Hans Hoppe recently published “Mises Institute: Quo Vadis?”, which contains various criticisms of the Mises Institute (MI) as it is currently organized.1 He has since been removed as Distinguished Senior Fellow by MI.2 I fully support Hans and do not disagree with anything he wrote.3 Here I would like to mention my own experience with MI, with which I have been associated, on and off, for over thirty years, since 1994. I have discussed some of this history previously,4 but as my experience has certain parallels to that of Hans I will go into more detail here than I have in the past. Despite my critical remarks here I, too, share Hans’s admiration for Lew Rockwell (discussed below) and what he achieved with the Mises Institute. I love the mission of the MI and the role it has played for the last 44 years. It is due to my concern over the decline of MI, and its treatment of Hans, that I publish these remarks. Pursuit of liberty is always a quest for truth. But truth is fragile and seems easily cast aside by those with more base motives. With that in mind, I offer some of my own thoughts on these matters—entreating the reader to judge the reasonableness of my position (and that of Hoppe). Read more>>

3 mei 20262 h 9 min