Libertarianism needs a theory of class.

This claim may meet with resistance among some libertarians. A few will say: “The analysis of society in terms of classes and class struggles is a specifically Marxist approach, resting on assumptions that libertarians reject. Why should we care about class?” A greater number will say: “We recognize that class theory is important, but libertarianism doesn't need such a theory, because it already has a perfectly good one.”

This essay explores the prospects of developing a satisfying account of group autonomy without rejecting value-individualism. That is, I will examine whether one can adequately explain the moral reasons to respect a group's claim to self-determination while insisting that only individual persons are of ultimate moral value.

It is well-known that in recent years, alongside the familiar forms of modern ethical theory, such as consequentialism, deontology, and rights theory, there has been a resurgence of interest in what goes by the name of “virtue ethics” — forms of ethical theory which give a prominent status to the virtues, and to the idea that an agent has a “final end” which the virtues enable her to achieve. With this has come an increase of theoretical (as opposed to antiquarian) interest in ancient ethical theories, particularly Aristotle's, an interest which has made a marked difference in the way ethics is pursued in the Anglo-Saxon and European intellectual worlds.

In this essay, I shall not be discussing modern virtue ethics, which is notably protean in form and difficult to pin down. I shall be focusing on ancient eudaimonistic ethical theories, for in their case we can achieve a clearer discussion of the problem I wish to discuss (a problem which arises also for modern versions of virtue ethics which hark back to the ancient theories in their form).

Liberal thinkers of the Enlightenment understood that surplus moral constraints, imposed by invalid moral norms, are a serious limitation on liberty. They also recognized that overcoming surplus moral constraints — what we call proper de-moralization — is an important dimension of moral progress. Contemporary philosophical theorists of liberty have largely neglected the threat that surplus moral constraints pose to liberty and the importance of proper de-moralization for human emancipation. This essay examines the phenomena of surplus moral constraints and proper de-moralization, utilizing insights from biological and cultural evolutionary thinking

Ancient moral philosophers, especially Aristotle and his followers, typically shared the assumption that ethics is primarily concerned with how to achieve the final end for human beings, a life of “happiness” or “human flourishing.” This final end was not a subjective condition, such as contentment or the satisfaction of our preferences, but a life that could be objectively determined to be appropriate to our nature as human beings. Character traits were treated as moral virtues because they contributed well toward this ideal life, either as means to it or as constitutive aspects of it. Traits that tended to prevent a “happy” life were considered vices, even if they contributed to a life that was pleasant and what a person most wanted. The idea of “happiness” (or human flourishing) was central, then, in philosophical efforts to specify what we ought to do, what sort of persons we should try to become, and what sort of life a wise person would hope for.

When people reason on the basis of moral rules, do they suppose that in the absence of a prohibitory rule they are free to act, or do they suppose that morality always requires a justification establishing a permission to act? In this essay we present a series of learning experiments that indicate when learners tend to close their system on the basis of natural liberty and when on the principle of residual prohibition. Those who are taught prohibitory rules tend to infer natural liberty while those taught permission rules tend to infer residual prohibition. In mixed cases, where learners are taught both types of rules, there is some tendency to suppose that natural liberty is the default. Both natural liberty and its denial can be learned; is there a reason to adopt one system of moral rules or the other? We argue that systems of social morality based on a principle of natural liberty have a striking advantage over their competitors: they are well adapted to effectively exploring the constant novel circumstances that arise in open, dynamic, societies.

It is, perhaps, a propitious time to discuss the economic rights of disabled persons. In recent years, the media in the United States have re-ported on such notable events as: students at the nation's only college for the deaf stage a successful protest campaign to have a deaf individual ap-pointed president of their institution; a book by a disabled British physicist on the origins of the universe becomes a best seller; a pitcher with only one arm has a successful rookie season in major league baseball; a motion-picture actor wins an Oscar for his portrayal of a wheelchair-bound person, beating out another nominee playing another wheelchair-bound person; a cancer patient wins an Olympic gold medal in wrestling; a paralyzed mother trains her children to accept discipline by inserting their hands in her mouth to be gently bitten when punishment is due; and a paraplegic rock climber scales the sheer four-thousand-foot wall of Yosemite Valley's El Capitan. Most significantly, in 1990, the United States Congress passed an important bill – the Americans with Disabili-ties Act – extending to disabled people employment and access-related protections afforded to members of other disadvantaged groups by the Civil Rights Act of 1964.

The consequences of taxation matter for the optimal design of the tax system. Those consequences depend on behavioral responses to taxation, as summarized by the elasticity of taxable income. Although this elasticity depends on characteristics of preferences, such as the elasticity of substitution between goods and leisure, it also depends on the avoidance technology, and on the response of government to avoidance behavior. It depends on the size of states, and the amount of tax coordination and harmonization. To some degree the elasticity of response can be affected by government policies, and the government need not accept it passively, but rather should put in place policies that optimally determine it.

In the late 1980s, the actual accomplishments of capitalism finally made a convincing case against socialism. After several decades of experimentation with human beings, socialism in the former Soviet Union and Eastern European countries (hereafter, Eastern Europe) died an inglorious death. To an economist, the present value of the expected future benefits from socialism fell relative to their current production costs. And Marx was finally dead and, hopefully, buried.

As an initial approximation, pluralism may be understood as the combination of four theses. First, there are many incommensurable values whose realization is required for living a good life. Second, these values often conflict with each other, and, as a result, the realization of some excludes the realization of others. Third, there is no authoritative standard that could be appealed to to resolve such conflicts, because there is also a plurality of standards; consequently, no single standard would be always acceptable to all fully informed and reasonable people. Fourth, there are, nevertheless, reasonable ways of resolving conflicts among incommensurable values.

Some norms are bad. Norms of revenge, female genital mutilation, honor killings, and other norms strike us as destructive, cruel, and wasteful. The puzzle is why so many people see these norms as authoritative and why these norms often resist change. To answer these questions, we need to look at what “bad” norms are and how we can evaluate them. Here I develop an integrative analysis of norms that aims to avoid parochialism in norm evaluation. After examining and rejecting several evaluative standards, I propose what I call a comparative-functional analysis of norms that is both operationalizable/testable and nonparochial, and that can sort better and worse norms. One conclusion of this approach is that norms are not so much “bad” and “good” as “better” and “worse.” This approach should be of interest to theorists and practitioners alike.

The concept of social progress I hope to rehabilitate will be local, far from locally complete, and permit only modest extensions; it will be pragmatic rather than teleological. In this way, it will hope to avoid treating the multiplicity of goods as if there were always the possibility of comparing them on a single scale, to abandon the idea of a final state toward which history is tending or should tend, and to substitute piecemeal accomplishments for utopian ends. Its emphasis on local comparisons will allow it to forgo sweeping historical comparisons, those juxtaposing the “enlightened” with “lesser breeds without the law,” or the “ancients” with the “moderns.” A restrained pragmatic concept of social progress honors the insights of critics of the notion of social progress, seeing them as questioning alleged presuppositions that can be given up.

Consequentialist and Kantian theories differ over the ethical relevance of consequences of actions. I investigate how they might differ too over the relevance of what actions are consequence of. Focusing on the case of group action and collective responsibility, I argue that there's a kind of analog to the problem of aggregating the value of consequences—about aggregating responsibility with respect to the roles of cooperating agents—that Kantian theories will not confront and consequentialist theories will. The issue provides a useful way to characterize a deep difference between Kantian and consequentialist theories and points, ironically, toward a way of making those views compatible.

Up until now, political philosophy has explained the acquisition of natural resources, in one way or another, through the terms of human settlement. An agent acquires natural resources by moving into the geographic area that contains these resources. Even how we make claims to the ocean floor depends on settlement — claimants must be adjacent to settled land. This essay extends original acquisition theories so that they can respond to cases that do not presuppose any conditions of human settlement. I suggest that resource rights in the deep sea may be created, alternatively, through acts of compromise. Compromise can alleviate conflict, allowing for claimants to move beyond stalemate to acquire goods. It also allows for a large degree of flexibility in the specification of rights, and thereby can explain nontraditional rights over areas of migration. The tricky part of a theory that grants rights through agreement is explaining why external parties, those not part of the agreement, have a duty to respect those rights. A compromise under certain conditions, I argue, places all persons under a duty to respect the rights created by the compromise. Thus, when two parties compromise, they may acquire goods from the commons — creating a duty for all others to respect the parties’ rights over these goods. Importantly, rights created through compromise are constrained by a set of concerns for those excluded.

It is a commonplace of academic conventional wisdom that Marxian theory is not to be judged by the historical experience of actually existing socialist societies. The reasons given in support of this view are familiar enough, but let us rehearse them. Born in adversity, encircled by hostile powers, burdened with the necessity of defending themselves against foreign enemies and with the massive task of educating backward and reactionary populations, the revolutionary socialist governments of this century were each of them denied any real opportunity to implement Marxian socialism in its authentic form. Nowhere has socialism come to power as Marx expected it would – on the back of the organized proletariat of an advanced capitalist society. For this reason, the historical experience of the past sixty years can have no final authority in the assessment of Marxian theory. The failings of Marxist regimes – their domination by bureaucratic elites, their economic crises, their repression of popular movements and of intellectual freedoms, and their dependency on imports of Western technology and capital – are all to be explained as historical contingencies which in no way threaten the validity of Marx's central conceptions. It is not that Marxian socialism has been tried and found wanting but, rather, that it has never been tried.

Of all the moral concerns regarding privacy in its various meanings, this essay selects only one: the right to be left alone by others, in particular, by government. Because moral controversies in pluralist societies tend to be interminable, and surely controversies regarding privacy are no exception, I approach the right to privacy in terms of the centrality of persons. When there are foundational disputes about which content-full moral view should govern, it is not possible to resolve such controversies without begging the question or conceding at the outset crucial moral premises. This observation is not to affirm a moral skepticism or relativism. At worst, it involves an epistemic skepticism, a skepticism about the possibility of resolving controversies by sound rational argument without begging the question or engaging in an infinite regress.

Marx believed that what most clearly distinguished him and Engels from the nineteenth-century French socialists was that their version (or vision) of socialism was “scientific” while the latters' was Utopian. What he intended by this contrast is roughly the following: French socialists such as Proudhon and Fourier constructed elaborate visions of a future socialist society without an adequate understanding of existing capitalist society. For Marx, on the other hand, socialism was not an idea or an ideal to be realized, but a natural outgrowth of the existing capitalist order. Marx's historical materialism is a systematic attempt to discover the laws governing the inner dynamics of capitalism and class societies generally. Although this theory issues in a prediction of the ultimate triumph of socialism, it is a commonplace that Marx had little to say about the details of post-capitalist society. Nevertheless, some of its features can be discerned from his critical analysis of capitalism and what its replacement entails.

It seems to be almost a given of contemporary Anglo-American political philosophy that the just society is obligated to establish and ensure the equality of its members. Debate begins when we come to delineate the forms and limits of the equality society is obligated to underwrite. In this essay I offer the subversive suggestion that equality is not something the just society should aim for. Instead I offer another objective, one which is to be preferred both because it is more attainable and because it is morally more defensible than equality, either as an ideal or as an operative principle. The demand for equality of treatment, of opportunity, or of outcome, is a distraction from morally more significant aims.

The main objective of this essay is to show that the process of transition from socialism to capitalism in Central and Eastern Europe is a cultural problem rather than a technical one. In pursuing that objective I analyze two interrelated issues. First, analysis shows why and how cultural differences in Central and Eastern Europe have, via transaction costs specific to the process of transition, specific and predictable effects on the results of institutional restructuring, and, consequently, on economic performance. Second, I argue that spontaneous changes in the prevailing culture could, under a set of credible and stable formal rules of the game, help to close a gap between the culture supportive of capitalism and the prevailing culture in Central and Eastern Europe.My colleague and friend Fred Fransen made two major contributions to this essay: he helped me identify numerous inconsistencies in the essay, and he changed a number of my perceptions on the relationship between culture and economic performance. James Buchanan, Ljubo Madzar, Henry Manne, Milic Milovanovic, and Katarina Ott gave me useful suggestions and comments on earlier drafts. I am grateful to Victor Vanberg and Ulrich Witt for the opportunity to discuss this essay with their colleagues and students at the University of Freiburg and Max Planck Institute in Jena, Germany.