Positive Alternatives To Libertarian Ideas

From Critiques Of Libertarianism
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Many libertarian ideas are based on unrealistic axioms, theories, whims and other products of the imagination, unconstrained by the reality we all observe or know through history. Good ideas ought to be based on reality, rather than needing defence from reality. Another alternative is that their scope can be constrained by reality.

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A Positive Model Of Rights
A good model of rights should be consistent with observations from law, economics, and anthropology. If it is based on observation, we can call it a positive model, like other models in the sciences. (But not necessarily philosophy.)
Assemblage Theory (2 links)
Assemblages are individuals: historically unique persistent configurations. Much as are individual humans, but on a different scale with different components. Libertarians get it wrong that human individuals are the only valuable subjects of study. Assemblage theory is not reductionist: it recognizes emergent properties.
Rights Are Socially Constructed
Rights are socially constructed through political, religious, or academic institutions that codify, promote, and sometimes enforce these ideas. They have no positive existence outside of human ideas and practices. This is why there is little uniformity in ideas of rights, except where pragmatic needs (such as competitiveness) lead to gross similarities. This is why there are no "true" rights: every society will construct its own based on the interests of its members. Philosophy of rights that doesn't start with the social construction of rights is making a basic category error.
What Is Liberty?
Liberty (AKA Freedom), the supposed object of Libertarianism, is hardly ever defined or discussed analytically by libertarians. Liberty, as used by libertarians, is a glittering generality of propaganda: an emotionally appealing phrase so closely associated with highly valued concepts and beliefs that it carries conviction without supporting information or reason. But liberty is susceptible to analysis and that analysis reveals enormous problems with libertarian ideology.

Quotations

Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense -- nonsense upon stilts. [...] Right, the substantive right, is the child of law; from real laws come real rights; from imaginary laws, from laws of nature, fancied and invented by poets, rhetoricians, and dealers in moral and intellectual poisons, come imaginary rights, a bastard brood of monsters....
Jeremy Bentham, "Anarchical Fallacies"
[H]umans are, at a very deep and basic level, gift-exchange animals. We create and reinforce our social bonds by establishing patterns of “owing” other people and by “being owed”. We want to enter into reciprocal gift-exchange relationships. We create and reinforce social bonds by giving each other presents. We like to give. We like to receive. We like neither to feel like cheaters nor to feel cheated. We like, instead, to feel embedded in networks of mutual reciprocal obligation. We don’t like being too much on the downside of the gift exchange: to have received much more than we have given in return makes us feel very small. We don’t like being too much on the upside of the gift exchange either: to give and give and give and never receive makes us feel like suckers. We want to be neither cheaters nor saps.
Brad DeLong, "Regional Policy and Distributional Policy in a World Where People Want to Ignore the Value and Contribution of Knowledge and Network-Based Increasing Returns"
This wish to believe that you are not a moocher is what keeps people from seeing issues of distribution and allocation clearly -- and generates hostility to social insurance and to wage supplement policies, for they rip the veil off of the idea that you deserve to be highly paid because you are worth it. You aren’t.
Brad DeLong, "Regional Policy and Distributional Policy in a World Where People Want to Ignore the Value and Contribution of Knowledge and Network-Based Increasing Returns"