KOL345 | Kinsella’s Libertarian “Constitution” or: State Constitutions vs. the Libertarian Private Law Code (PorcFest 2021)

Kinsella on Liberty Podcast, Episode 345.

This was my talk delivered today (June 26, 2021) at PorcFest 2021: "Kinsella’s Libertarian “Constitution,” or: State Constitutions vs. the Libertarian Private Law Code."

The notes that I roughly followed are below; pix also below. Transcript below.

For a related talk, see KOL359 | State Constitutions vs. the Libertarian Private Law Code (PFS 2021)

Youtube

https://youtu.be/hK6LyjRvvCk

This is the video with better audio added after from my iphone recording, with the help of Jacob Lovell.

Below is the original with passable audio

https://youtu.be/6qzJXBWLhTA

The description from the PorcFest website (which will probably disappear at some time in the future):
Kinsella’s Libertarian “Constitution”
—————–
When: Sat, 12:00P _(60m)
Speaker: Stephan Kinsella {Website} {Pic}, An American intellectual property attorney and Austro-anarcho-libertarian writer and speaker for 25 years. He has spoken, lectured and published widely on various areas of libertarian legal theory such as rights theory, anarchism, contract theory, intellectual property, and on legal topics such as intellectual property law and international law. His legal works include International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide (Oxford University Press, 2020) and Louisiana Civil Law Dictionary (Quid Pro Books, 2011); his libertarian writing includes Against Intellectual Property (Mises Institute 2008) and the forthcoming Law in a Libertarian World (Papinian Press, 2021). Forthcoming works include Copy This Book: The Case for Abolishing Intellectual Property (2022), and a systematic, codified statement of libertarian principles as an alternative to constitutions and committee-prepared political platforms.
For Whom: Constitutionalists; secessionists; Federal reformers; decentralists; polycentrists; anarcho-capitalists.
Description: State constitutions, including the US Constitution, are not libertarian. The purpose of the US Constitution was to establish a new, powerful, central state, not to protect individual rights. Efforts to draft “libertarian constitutions” are also often flawed, as when they presuppose and legitimate a state or a territory owned by a single owner (Liberland). Does the idea of a “libertarian constitution” make sense? What kind of codification or statement of libertarian principles is appropriate? {More}
Where: Anth: Anthem Theater, OfficeBld

 
❧
TRANSCRIPT
Kinsella’s Libertarian “Constitution”
or: State Constitutions vs. the Libertarian Private Law Code
Stephan Kinsella
PorcFest 2021, Lancaster NH
June 26, 2021
00:00:01

W: … published by the Mises Institute in 2008 and the forthcoming Law and the Libertarian World.  So Stephan, I’ll let you take it away about state constitutions.

00:00:10

STEPHAN KINSELLA: Okay.  Thanks a lot.  If you can’t hear me, let me know.  I have no mic.  I speak kind of loud and kind of fast even though…

00:00:17

W: If we need to turn it up we can, so let us know.

00:00:19

STEPHAN KINSELLA: All right, so my talk is – I’ll explain the title as we get into this: Kinsella’s Libertarian “Constitution.”  So I prepared a libertarian constitution, and I hope to cover as much of its 18 parts and 45 pages as possible in this next hour.  So part one, section A, subsection 1: definitions.  I’m just joking.  I’m not going to read my constitution.  I haven’t even finished writing it yet.  I read this to my wife and she said, Is this what you geeks think is funny?  I said we’ll see.  I said half the people in the audience might be relieved, but the other half might be, damn, I really wanted to hear a libertarian constitution read to me point by point.

00:01:03

I’m going to talk about the idea of constitutions and libertarianism and whether the whole idea makes sense at all.  So I’ve been a libertarian since about 1982, and I’ve seen so many libertarian – utopian libertarian project...