6. “Why Libertarians Should Reject Positive Rights”


Abstract: Maloberti, in “Why Libertarians Should Accept Positive Rights” argues that, as normally presented, libertarianism entails anarchism.  He argues that libertarians should, therefore, accept a limited form of positive rights, which will allow for the creation of a libertarian government.  In this paper, it is argued that the entailment of anarchism is not a problem for libertarianism, and that the form of positive rights endorsed by Maloberti is unfounded, ill-defined, and inconsistent with libertarian notions of individual freedom.  It is further argued that Maloberti’s positive rights, as defined in his paper, cannot withstand the analysis prompted by Austrian value theory.