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  1. The libertarian straddle: Rejoinder to Palmer and Sciabarra.Jeffrey Friedman - 1998 - Critical Review: A Journal of Politics and Society 12 (3):359-388.
    Palmer's defense of libertarianism as consequentialist runs afoul of his own failure to provide any consequentialist reasons for libertarian conclusions, and of his own defense of nonconsequentialist arguments for the intrinsic value of capitalism‐cum‐negative freedom. As suck, Palmer's article exemplifies the parasitic codependency of consequentialist and nonconsequentialist reasoning in libertarian thought. Sciabarra's defense of Ayn Rand's libertarianism is even more problematic, because in addition to the usual defects of libertarianism, Rand adds a commitment to ethical egoism that contradicts both her (...)
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  • The right set of simple rules: A short reply to Frederick Schauer and comment on G. A. Cohen.Richard A. Epstein - 1998 - Critical Review: A Journal of Politics and Society 12 (3):305-318.
    In Simple Rules for a Complex World, I outlined a set of legal rules that facilitate just and efficient social interactions among individuals. Frederick Schauer's critique of my book ignores the specific implications of my system in favor of a general critique of simplicity that overlooks the dangers to liberty when complex rules confer vast discretion on public figures. He also does not refer to the nonlibertarian features of my system that allow for overcoming holdout positions. These “take and pay” (...)
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