Libertarianism and Character
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Description
The topic of this chapter is the relationship between libertarian theory and the development of individual character. To set the stage very quickly, I note at the outset that the general principles of Libertarian thought are powerful because of their simplicity: respect individual autonomy, enforce property rights, respect private contract. Classical liberal theories conceive of a somewhat larger role for the state, which has the power to impose taxes, condemn property, manage common pool resources, and limit the power of monopoly. For the purposes of this chapter, however, the differences between these two theories are relatively unimportant because the focus is on those personal obligations that individuals have to their fellow citizens, not on the legal mechanisms of the enforcement of those obligations. Hence, although these differences will be noted when relevant, I shall only stress the similarities between the two schools of thought. For convenience’s sake, I therefore use these two terms interchangeably, unless otherwise noted. Libertarian thought, broadly conceived, has little to say about the character and motivations of ordinary human beings. To be sure, libertarian thought develops a moral system insofar as it works with concepts of justice and injustice, right and wrong. But as a moral theory, its sole office is to establish the proper set of legal relationships between individuals. It is not, in any sense, an effort to identify the mainsprings of human conduct, to guide individual choices, or to prescribe whether people can be generous or stingy, gregarious or taciturn, impulsive or reflective. Indeed, it would be a mistake of major proportions to assume that legal rules are a dominant force in shaping individual character; family, school, and church are much more likely to be powerful influences. The people who run these institutions will use their influence to advance whatever conceptions of the good they hold, no matter what the state of the law. The generous person will continue to be generous even (and perhaps because) the law does not impose an obligation of generosity.
Source Publication
Varieties of Conservatism in America
Source Editors/Authors
Peter Berkowitz
Publication Date
2004
Recommended Citation
Epstein, Richard A., "Libertarianism and Character" (2004). Faculty Chapters. 402.
https://gretchen.law.nyu.edu/fac-chapt/402
