Hülsmann on Argumentation Ethics
I've done a good deal of writing on Hoppe's argumentation ethics defense of libertarian rights and related matters (see Revisiting Argumentation Ethics, Mises and Argumentation Ethics). I was reminded recently of Guido Hülsmann's superb and unique presentation of argumentation ethics in his paper "The A Priori Foundations of Property Economics," Quarterly Journal of Austrian Economics 7, no. 4 (Winter 2004), in particular the section "The Foundations of Property Economics," starting on p. 50. It's really an excellent take on this, and has a fantastic discussion of the nature of appropriation, including his "Counterfactual Analysis of Appropriation." Highly recommended for those interested in argumentation ethics.
In his paper, Hülsmann draws on the work of both Reinach and Hoppe. The paper was based on a presentation at a symposium on "Austrian Law and Economics: The Contributions of Reinach and Rothbard" held at the Ludwig von Mises Institute on March 29-30, 2001, papers resulting from which were published in Vol. 7, no. 4 (Winter 2004) of the Quarterly Journal of Austrian Economics. The late Larry Sechrest also presented a paper, Praxeology, Economics, and Law: Issues and Implications, which also discusses argumentation ethics at pp. 36-38. For further information on Reinach's writings, see Adolf Reinach's "The Apriori Foundations of the Civil Law" and "On The Concept of Causality in the Criminal Law," by Adolf Reinach. For additional material on argumentation ethics, see Revisiting Argumentation Ethics.




Comments (31)
HL
He also slaps Coase around real nice. I could almost see him smiling while writing it.
Published: November 25, 2009 12:33 PM
AJ
Hulsmann drops the ball here:
"The settling of conflict requires some form of communication and argument. But arguing would be
senseless if it could not change the opinions and actions of others. The point is precisely that we want our discussion partners to think and act differently. We acknowledge that they have control over their wills and bodies, and moreover we want them to exercise this control. In other words, in any exchange of argument, all discussion partners agree at least on two things: (1) that each of them is the factual owner of his will and body, and (2) that each of them should exercise this control."
We may want them to exercise that control *given that they have it*, but that does not mean we agree that they "should" have such control in the first place. Hulsmann cooks up a normative statement out of nothing.
Published: November 25, 2009 2:49 PM
HL
Uh, isn't that kind of the point?
Published: November 25, 2009 4:36 PM
Fourier
Talk about an uncharitable (and wrong) reading of Coase.
Published: November 25, 2009 5:13 PM
Beefcake the Mighty
Fourier = [bad word]
Published: November 25, 2009 6:06 PM
newson
one-liners are the white noise of blogs.
Published: November 25, 2009 7:06 PM
newson
Vol. 7, no. 4 (Winter 2004) of the Quarterly Journal of Austrian Economics.
this link doesn't work
Published: November 25, 2009 7:14 PM
Fourier
Good job Guido. You think Coase doesn't understand that value is subjective.
Only the Austrians ever realised that! (Except those that realised it too much -- like Hayek, he was wrong too).
Published: November 25, 2009 9:50 PM
Beefcake the Mighty
How nice of Fourier to [DELETED] share his wisdom here.
Published: November 26, 2009 6:57 AM
Gregory House MD
Don't you have [DELETED]
Published: November 26, 2009 9:02 AM
Beefcake the Mighty
[DELETED]
Published: November 26, 2009 9:24 AM
Mandlebrot
My first visit to the Mises blog. Hoping this discussion isn't representative of the normal level of dialogue here.
Published: November 26, 2009 3:26 PM
Beefcake the Mighty
Mandelbrot, when Fourier's involved, it is.
Published: November 26, 2009 3:45 PM
Fourier
Beefcake thinks he's doing economics. Poor him, if only he read something other than A Theory of Socialism and Capitalism.
Published: November 26, 2009 4:44 PM
Beefcake the Mighty
Fourier is [DELETED]
Published: November 26, 2009 7:29 PM
Inquisitor
Actually dear Fourier, he is doing economics. You on the other hand... econostrology? Maybe.
Published: November 27, 2009 2:25 PM
Fourier
[DELETED]
Published: November 28, 2009 7:14 AM
Beefcake the Mighty
Fourier [DELETED]
Published: November 28, 2009 8:05 AM
Fourier
Inquisitioner, what type of economics is he doing? My history of thought of this area is bad. But it seems to me that he's doing insulticism[DELETED]
Published: November 28, 2009 9:15 AM
Beefcake the Mighty
Fourier, [DELETED]
Published: November 28, 2009 9:49 AM
Fourier
[DELETED]
Published: November 28, 2009 10:08 AM
Beefcake the Mighty
[DELETED]
Published: November 28, 2009 2:20 PM
Fourier
[DELETED]
Published: November 28, 2009 2:59 PM
Inquisitor
Economics of planned economies. But you knew that, didn't you? Or no wait you probably didn't because you're a clueless troll. Also, l2read, it's Inquisitor.
Published: November 28, 2009 10:15 PM
Fourier
Inquisitioner, who are you? What are you doing here?
Why are you preaching Hellsmennian Irrelevanticism and Hoppean Insulticism.
Published: November 29, 2009 9:51 AM
Stephan Kinsella

Per Mises policy (comments should be intelligent and civil) many of the posts above have been deleted or redacted, for containing inappropriate defamatory comments or sexual preference related insults. Those who continue to defame will be banned.
Published: December 6, 2009 9:54 AM
Lord Buzunghulus, Bringer of the Orange Light
Shouldn't ALL of Fouriers posts be deleted? He's just trying to be insulting.
Published: December 6, 2009 11:52 AM
Stephan Kinsella

Lord B, why did your light change hue? What is up?
Published: December 6, 2009 6:52 PM
Lord Buzungulus, Bringer of the Purple Light
Stephan,
It's a seasonal mutation I go through. In truth, I prefer the purple light, so I've gone back to it. I may, however, change my title from Lord to Pope. Still thinking about it.
Published: December 6, 2009 9:06 PM
newson
you're safer with "lord". pope's have been fond of proffering the ring for kissing.
but more importantly, this link still doesn't work!
Vol. 7, no. 4 (Winter 2004) of the Quarterly Journal of Austrian Economics.
Published: December 6, 2009 10:04 PM
newson
[bad word]? isn't that a tad too quaint?
Published: December 6, 2009 10:17 PM