Murray N. Rothbard vs. the Philosophers - Ludwig von Mises Institute

LAW AND NATURE IN THE WORK OF MURRAY N. ROTHBARD 13
theory of subjective rights has its roots in the nominalist
philosophy of Ockham, Tierney identifies the concept of ius
as a subjective right in the writings of the twelfth-century
canonists. John Finnis and Germain Grisez also follow the
continuity line, but they are really more Kantians than true
Thomists. 13 In point of fact, Finnis and Grisez integrate
natural law with a deontological theory—with elements
deriving from Kant. 14
While not forgetting the many different positions taken
by today’s supporters of the theory of natural rights, Rothbard
can be counted among those who, like Henry Veatch,
base natural rights on the Aristotelian/Thomist theory of
natural law. 15 However, Rothbard’s position is particularly
original for two reasons: first, because from the concept of
self-ownership, he deduces the axiom of nonaggression, the
true cornerstone of the Rothbardian system, which he views
as a clarification of the classic triad of the natural rights to
life, liberty, and property; 16 second, because of the extreme
conclusions that Rothbard arrives at regarding natural law
and the role of the state. In fact, Rothbard wants “to establish
an objective ethics which affirms the overriding value of
liberty, and morally condemns all forms of statism.” 17
The theme of the rational foundation of ethics and
absolute values becomes predominant in Rothbard’s comments
on the Symposium on Relativism organized by the
13John Finnis, Natural Law and Natural Rights (Oxford: Clarendon,
1980).
14Henry B. Veatch, Human Rights: Fact or Fancy? (Baton Rouge:
Louisiana State University Press, 1985), p. 104.
15For an examination of these distinctions, see Raimondo
Cubeddu, “Legge naturale o diritti naturali? Alcune questioni di
filosofia politica liberale,” Quaderni dell’Istituto Acton 15 (2004).
16It seems that Rothbard owes this idea to Ayn Rand. Cf. Ayn
Rand, “Man’s Rights,” in The Virtue of Selfishness (New York:
Signet, 1964).
17Rothbard, The Ethics of Liberty, p. 213.