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Legal systems and jurisprudence

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"From the fact that people are very different it follows that, if we treat them equally, the result must be inequality in their actual position, and that the only way to place them in an equal position would be to treat them differently. Equality before the law and material equality are therefore not only different but are in conflict with each other; and we can achieve either one or the other, but not both at the same time."

Hayek, Friedrich event 1960

menu_book The Constitution of Liberty

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"Ideas are not naturally scarce. However, by recognizing a right in an ideal object, one creates scarcity where none existed before."

Kinsella, Stephan event 2008

menu_book Against Intellectual Property

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"By inventing a new technique for digging a well, the inventor can prevent all others in the world from digging wells in this manner."

Kinsella, Stephan event 2008

menu_book Against Intellectual Property

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"Only because scarcity exists is there even a problem of formulating moral laws; insofar as goods are superabundant ('free' goods), no conflict over the use of goods is possible and no action-coordination is needed."

Kinsella, Stephan event 2008

menu_book Against Intellectual Property

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"Mohammed brought down from heaven and put into the Koran not only religious doctrines but political maxims, criminal and civil laws, and scientific theories."

Tocqueville, Alexis de

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"Not every kind or degree of wrong is sufficient justification for war. The degree of the punishment must be in proportion to the degree of the fault."

Vitoria, Francisco de event 1532

menu_book De Indis (On the Indians)

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"The whole world, which is in a sense a single republic, has the power to enact laws that are just and convenient for all persons, such as are the rules of the law of nations."

Vitoria, Francisco de event 1532

menu_book De Indis (On the Indians)

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auto_stories Books

Against Intellectual Property

person Kinsella, Stephan event 2008

Drawing on Austrian property rights theory and the insight that ideas are non-scarce goods, argues that patents and copyrights are not natural righ...

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The Law

person Bastiat, Frédéric event 1850

Influential pamphlet arguing that law should protect individual rights rather than redistribute wealth, introducing the concept of legal plunder wh...

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Law, Legislation and Liberty

person Hayek, Friedrich event 1973

A three-volume work exploring the relationship between law, individual liberty, and social order in free societies

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Legal Foundations of a Free Society

person Kinsella, Stephan event 2023

A comprehensive collection of revised essays spanning three decades of libertarian legal theory, covering the foundations of rights, punishment, co...

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person Authors

Kinsella, Stephan

American patent attorney turned anarcho-capitalist legal theorist and the most rigorous critic of intellectual property within the libertarian trad...

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Vitoria, Francisco de

Dominican friar and theologian at the University of Salamanca, widely regarded as the founder of international law and a pioneer of natural rights ...

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