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.
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