Libertarianizm, sceptycyzm jusnaturalistyczny i argument z uzasadnionego użycia siły

Abstract

The present paper analyzes Stephan Kinsella’s argument from the justified use of force against rights-skepticism. The point of the argument is to demonstrate that rights-skepticism runs into performative contradiction because in order to prove that there are no natural rights, it has to assume that its opponent has such rights. In turn, a failure of rights-skepticism is supposed to indirectly prove the existence of natural rights and thus libertarian private property rights as well. By the employment of the Hohfeldian analysis of rights, the present paper demonstrates that the argument from the justified use of force fails.