Libertarianism and Exception Rights

Authored by: Nicolás Maloberti

The Routledge Handbook of Libertarianism

Print publication date:  August  2017
Online publication date:  August  2017

Print ISBN: 9781138832169
eBook ISBN: 9781315709727
Adobe ISBN:

10.4324/9781317486794.ch11

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Abstract

Within the philosophical literature, libertarianism is typically understood as a theory of justice based on the allocation of two sets of robust individual rights. Ownership rights, both over the self and external resources, constitute the first and most basic set of libertarian rights. Enforcement rights constitute the second set. Their aim is to prevent and rectify violations to individuals’ ownership rights. These two basic sets of rights, and the difficulties involved in their specification, have been widely discussed by proponents and critics of libertarianism alike. The purpose of this article is to explore a third set of rights that is not typically understood to constitute an essential element of the libertarian theory of justice: exception rights. 1

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