Stephan Kinsella
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Norman (N.) Stephan Kinsella (born 1965) is an American intellectual property lawyer and libertarian legal theorist. His electronically-published works are primarily published on his blog and websites associated with the Mises Institute and anarchocapitalist organizations.
Born in Prairieville, Louisiana, he attended Louisiana State University where he earned Master of Science (MS) and Bachelor of Science (BS) degrees in electrical engineering, and a Juris Doctor (JD) from the Paul M. Hebert Law Center. He also obtained an LL.M. at the University of London.
A practicing intellectual property attorney and former adjunct professor of law at South Texas College of Law, where he taught computer law, Kinsella is actively involved with libertarian legal and political theory, and is adjunct scholar of the Mises Institute as well as the former Book Review Editor for the Institute's Journal of Libertarian Studies. He is also a contributor to the news and opinion blog LewRockwell.com.
Kinsella is general counsel of [Applied Optoelectronics, Inc.] of Sugar Land, Texas.
Publications
Kinsella's legal publications include books and articles about patent law, contract law, e-commerce law, international law and other topics. Kinsella has also published and lectured on a variety of libertarian topics, often combining libertarian and legal analysis. Kinsella's views on contract theory, causation and the law, intellectual property, and rights theory (in particular his estoppel theory) are his main contributions to libertarian theory.
- In contract theory, he extends Murray Rothbard's Rothbard, Murray. The Ethics of Liberty. Auburn, AL: Ludwig von Mises Institute. [link] and Williamson Evers's Evers, Williamson. "Toward a Reformulation of the Law of Contracts." Journal of Libertarian Studies. Vol. 1, No. 1. Auburn, AL: Ludwig von Mises Institute, 1977. ([.PDF]) title transfer theory of contract, linking it with inalienability theory while also attempting to clarify that theory. Kinsella, N. Stephan. "A Libertarian Theory of Contract: Binding Promises, Title Transfer, and Inalienability" Journal of Libertarian Studies. Vol. 17, No. 2. Auburn, AL: Ludwig von Mises Institute, 2003. ([.PDF])
- Kinsella sets forth a theory of causation that attempts to explain why remote actors can be liable under libertarian theory. Kinsella, N. Stephan. "Causation and Aggression." Quarterly Journal of Austrian Economics. Vol. 7, No. 4. Auburn, AL: Ludwig von Mises Institute, 2004. ([.PDF])
- Kinsella gives non-utilitarian arguments for intellectual property being incompatible with libertarian property rights principles. Kinsella, N. Stephan. "Against Intellectual Property" Journal of Libertarian Studies. Vol. 15, No. 2. Auburn, AL: Ludwig von Mises Institute, 2001. ([.PDF])
- He advances a discourse ethics argument for the justification of individual rights, using an extension of the concept of estoppel. Kinsella, N. Stephan. "A Libertarian Theory of Punishment and Rights" StephanKinsella.com. ([.PDF])
See also
External links
- [KinsellaLaw], Stephan Kinsella's legal website
- [StephanKinsella.com], Stephan Kinsella's libertarian website
- [List of publications]
Notes
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