Volokh Conspiracy: Hows this for a working definition of a libertarian?

Posted: February 27, 2015 at 7:42 am

Ilyas post about recent libertarian books of interest raised the question in the comments of what makes someone a libertarian. I doubt any two libertarians agree on the exact boundaries of libertarianism, but hows this for a working definition: A libertarian is someone who generally opposes government interference with and regulation of civil society, even when the result of such government action would be to clamp down on things the individual in question personally dislikes, finds offensive, or morally disapproves of.

Thus, for example, a libertarian who hates smoking opposes smoking bans in private restaurants, a libertarian who thinks homosexual sodomy is immoral nevertheless opposes sodomy laws, a libertarian who finds certain forms of hate speech offensive still opposes hate speech laws, a libertarian who believes in eating natural foods opposes bans or special taxes on processed foods, and a libertarian who thinks that all employers should pay a living wage nevertheless opposes living wage legislation. It doesnt matter whether the libertarian holds these positions because he believes in natural rights, for utilitarian reasons, or because he thinks God wants us to live in a libertarian society.

David Bernstein is the George Mason University Foundation Professor at the George Mason University School of Law in Arlington, VA. He is the author of Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011); You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws (2003);

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Volokh Conspiracy: Hows this for a working definition of a libertarian?

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