Category Archives: Law (Crime)

Libertarian Law and Legal Systems Part Four – Liability for Wrongs


Libertarian Law and Legal Systems Part Four – Liability for Wrongs

By Duncan Whitmore

 

The fourth part of our survey of libertarian law and legal systems will explore causative events of legal liability arising from wrongs – that is a breach of some obligation owed by one legal person to another without the necessity of a pre-existing relationship such as a contract.

There are two issues that demarcate the approach of a libertarian legal system towards wrongs as opposed to that of a contemporary legal system. First is the definition of a wrong and second is the standard of liability – that is, the point at which the defendant becomes legally liable for a wrong.

Libertarian Definition of a “Wrong”

In contemporary legal systems, a wrong is some sort of act on the part of an individual that is viewed as being subject to legal sanction. Unfortunately, we have to start off with such a vague tautology as, looking at the variety of acts that are subject to legal regulation, this is about as precise as we can get. In many cases, of course, the wrong will be some form of harm caused by one individual to another which serves as the causative event to generate a legal response.

“Harm” is very broadly defined and can include violent and physical inflictions, such as murder, serious bodily injury, or damage and destruction to property, all the way to more ethereal harms that may include nothing more than speaking one’s mind such as “defamation” and causing “offence”. However, events currently classified as legal wrongs needn’t have a victim at all as the act may either be wholly unilateral or take place between consenting individuals. As an example of the former we can cite nearly all offences related to drug possession and dealing, and of the latter the criminalisation of certain sexual practices owing either to their nature (such as in sadomasochism) or to the gender of the participants (i.e. homosexual intercourse). Basically, it is no exaggeration to admit that a wrong, legally defined, in our contemporary, statist legal systems means nothing more than some act that the ruling government or legislature doesn’t like and wishes to outlaw, to the extent that even quite innocuous behaviour may find itself being subjected not only to legal regulation but to criminal sanction.

As we outlined in part one, no legal liability is generated in a libertarian legal order unless the wrong, or the “harm”, consists of a physical invasion of the person or property of another – in other words, only those actions that violate the non-aggression principle are subject to legal regulation. Read more

How To Beat Terrorism


How To Beat Terrorism
by L. Neil Smith

Attribute to L. Neil Smith’s The Libertarian Enterprise

Away, way back in 1977, when I began writing my first novel, _The Probability Broach_ (still in print, after four decades), I was regarded as something of a nutcase because I argued that American society would be a much better, safer place if everybody who wanted to, carried a gun. I was by no means the first to do so, nor was I the only one at the time, but, except for Robert A. Heinlein, Elmer Keith, and the ghost of H. Beam Piper, I often felt very much alone in my simple, straightforward, common-sense advocacy of exercising one’s natural rights under the Second Amendment to the Constitution. Now, of course, forty years later, armed self-defense has become a social movement. The degree to which I share responsibility for that is debatable, but I am proud of any part I may have had in it. Read more

Jihad’s Triumph On Westminster Bridge


By ilana mercer

The attacks keep coming. Murder or maiming by Muslims living among us is an almost daily occurrence in the West. The latest was knifeman Khalid Masood, who plowed a car into pedestrians on Westminster Bridge, London, and then proceeded to slash at them with a 12-inch blade. Immoral media counted five dead, with the killer. In addition to the four murdered, 50 people were injured. Read more

Terrorism and the Ethics of Collective Punishment


Terrorism and the Ethics of Collective Punishment
by Sean Gabb
(23rd March 2017)

Outraged by yesterday’s terrorist attack in London, one of my Facebook friends has posted this:

I’ve said it before and I’ll say it again. The way to deal with Islamic terrorism is mercilessly. You must not be squeamish about liberal use of the death penalty for those who commit or attempt acts of terror, or their associates. You must not be squeamish about retaliatory acts against their friends and families. Every attendee at their mosque should be deported if a dual of foreign national, then no stone of the building should be left standing and the soil soaked in pigs blood.

If you don’t do these things, or attack those who do, you are enabling terror. You yourself have some blood on your hands. This is not me being angry, for I am not angry at all. I’ve just read some history, and this is how it is. Not taking necessary dissuasive action is profoundly harmful. It is evil.

Read more

Deconstructing “inclusivity”


John Ray

Inclusivity is something of a buzzword on the Left these days. It has always seemed complete nonsense to me. You don’t include golf players in football games or vice versa. Far from being a good thing, inclusivity would seem to create one big muddle. Different people need to be treated differently, not herded into one big corral. It only makes sense if you believe the absurd Leftist doctrine that all men are equal. They may all be equal in the sight of God — to quote a famous political compromise — but God’s optometrical difficulties are not widely shared. Read more

America’s Sick of Barrack Hussein Obama’s Racial Dog-Whistles


By ilana mercer

Just wait. In the fullness of time, Donald J. Trump will be blamed for “creating the atmosphere” that led to the Texas cop massacre of July 7.

However, at least by the same standards applied to Mr. Trump, Barrack Hussein Obama should be fingered for encouraging Micah Xavier Johnson to “shoot a dozen Dallas police officers, killing five.”

Is it unreasonable to conclude that the not-so-subaudible dog-whistle emitted by Obama, a day prior, must have reached mass murderer Johnson and might have spurred his actions? Read more

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