As I discuss in my latest memoir, A Life for Liberty: The Making of an American Originalist, I have embraced libertarianism since my college days. This belief still holds true for me. However, over the past decade or so, I have felt that libertarianism needed some modernization as a political theory. During this time, I have observed a growing divide among libertarians that is somewhat hard to pinpoint. In recent years, many individuals on one side of this division, some of whom I have known since their student days, have started to distance themselves from the libertarian label. I believe it is premature to do so. I maintain that libertarianism, with its fundamental focus on individual freedom, remains a strong political philosophy that surpasses the offerings of both progressives and conservatives, which are often lacking in systematic consistency. As “national conservatives” have recognized, libertarianism is also central to those whose conservatism is rooted in liberty.
Over on Law & Liberty, I have written a brief essay titled Libertarianism Updated, where I discuss five potential areas where libertarianism could benefit from further development. I intend to expand on these concepts in a forthcoming book. However, as I primarily write books to explore and solidify my own thoughts on ideas, these reflections are still preliminary—and are presented in descending order of my confidence in them. In other words, I have more certainty about the earlier points than the latter ones.
Here is an excerpt from the introduction:
Libertarianism in the 1970s was a dynamic intellectual project with internal debates, rather than a rigid set of policy positions. However, unlike originalism, which has benefitted from two decades of ongoing intellectual discourse among originalists, libertarianism has remained largely unchanged since the 1970s.
I see five specific areas where libertarian theory needs to evolve.
Firstly, the incorporation of natural law ethics alongside natural rights; secondly, the differentiation between libertarian ideal theory and practical libertarianism in a world of governments and global competition; thirdly, the development of a libertarian framework for citizenship and civil rights; fourthly, the separation of the public-private dichotomy from the government-non-government divide; and fifthly, the formulation of a more nuanced theory on corporate power and corporate rights.
Allow me to provide some insights on each of these points.
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