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A Libertarian Defense of Title II of the 1964 Civil Rights Act

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  • William Kline

    (University of Illinois, Springfield)

Abstract

Twice in the Journal of Business Ethics, Walter Block provides a libertarian argument that The Civil Rights Act of 1964 is unjust because it is a violation of a business’s property rights and therefore ought to be repealed. No libertarian reply to Block has ever been given, creating the mistaken impression that his argument is the true representation of libertarian theory with regards to civil rights. This paper focuses on Title II and argues that both Block, and this prevailing opinion of libertarian theory, are wrong. There are different types of libertarian theory. Block’s theory of natural rights is one of them, but there is another strain of libertarian thought that embraces the common law, at least as it existed up until the late 1800’s. This paper explicates a libertarian argument, based on the common law, which supports and defends Title II of the 1964 Civil Rights Act. Specifically, the evolution of contracts via assumpsit arguments, found in Blackstone’s Commentaries, endogenously and consistently gives rise to the obligation to serve all. Title II of the 1964 Civil Rights Act is consistent with this common law tradition on public accommodations. Libertarian arguments that accept the common law on contracts ought also to accept common law doctrine on public accommodations and, perforce, the justness of Title II.

Suggested Citation

  • William Kline, 2023. "A Libertarian Defense of Title II of the 1964 Civil Rights Act," Journal of Business Ethics, Springer, vol. 185(1), pages 75-87, June.
    • Handle: RePEc:kap:jbuset:v:185:y:2023:i:1:d:10.1007_s10551-022-05200-3
    DOI: 10.1007/s10551-022-05200-3
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    References listed on IDEAS

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    1. Hart, Oliver D, 1988. "Incomplete Contracts and the Theory of the Firm," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 4(1), pages 119-139, Spring.
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    5. Richard H. Thaler & Cass R. Sunstein, 2023. "Libertarian paternalism," Chapters, in: Cass R. Sunstein & Lucia A. Reisch (ed.), Research Handbook on Nudges and Society, chapter 1, pages 10-16, Edward Elgar Publishing.
    6. Javier Portillo & Walter Block, 2012. "Anti-Discrimination Laws: Undermining Our Rights," Journal of Business Ethics, Springer, vol. 109(2), pages 209-217, August.
    7. Friedman, Milton, 2002. "Capitalism and Freedom," University of Chicago Press Economics Books, University of Chicago Press, number 9780226264202.
    Full references (including those not matched with items on IDEAS)

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