Category Archives: Law

Curvy cucumbers and the almost invisible government of the world


Curvy cucumbers and the almost invisible government of the world
By James Spencer

Libertarianism fails to account for the way we are governed – but that’s OK, every other ideology does too. Read more

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On Discrimination


ON DISCRIMINATION
By Christian Robitaille

The following is a translation of a speech delivered in French on the 5th August 2017 at the occasion of the 2nd edition of the Montreal Free Market Seminar.

Today, I will talk about a phenomenon that is increasingly decried as unfair or evil by Canada’s and Québec’s mass media and by the most vocal leftists of our society. I will talk about discrimination. However, I will not talk about it in a conventional way, i.e., by decrying as unjust any form of discrimination whatsoever and by demanding that the State intervenes in order to reduce or eliminate it. Rather, I will take advantage of the fact that I am speaking in front of a civilised audience to talk about the true nature of discrimination and to show that it is, in and of itself, a useless concept insofar as one seeks to find in it the ultimate criterion of injustice. Read more

The correlation between state-growth and mass irresponsibility


By Richard Storey

It is my firm belief that the state is the embodiment of collective irresponsibility and that, for this reason, it incentivises its own growth.  Having to maintain a good reputation in a community can be hard work; but, we live in a time of declining birth rates and a growing nanny state – our communities are all but dead as the growth of the state presents an increasingly hostile environment to them.  Read more

Estopping State Systems of Government


By Richard Storey

Introduction

The state, being a judicial monopolist, is an irrational system of government because of the self-contradictory violation of private property rights required to establish or maintain it.  Praxeological jurisprudence and the doctrine of dialogical estoppel provide the rational framework to show that, where there is incentive for rational consistency in the law, estopping the activities of state government and, rather, employing private judicial services is the only rationally viable option.  The state, qua adjudicator of and/or party to civil disputes, seeks to protect private property rights, yet it must violate these rights to maintain its territorial monopoly; therefore, it cannot rationally claim a right to prevent competitors providing judicial services or delegitimize any act by private courts to estop state activities.  This would necessarily result in a performative contradiction – a rights violating rights protector is a contradiction in terms.  Only private systems of governance, that is, private courts enforcing private law through voluntary interactions, can be consistent with the presuppositions of argumentation.

The conventional definition of a ‘state’ is a person or group maintaining a territorial monopoly of ultimate decision-making and, so, ultimate adjudicative power, even in disputes involving itself.  As Hans-Hermann Hoppe put it, the state ‘allows no appeal above and beyond itself. Furthermore, the state is an agency that exercises a territorial monopoly of taxation. That is, it is an agency that unilaterally fixes the price private citizens must pay for its provision of law and order.’[1]  This definition applies equally to states which exercise a separation of powers; an independent judiciary, for instance, is nevertheless an interdependent body of state government, exercising a monopoly of judicial services and receiving its funding from the same source of taxation. Read more

Coequal in Tyranny: The Ninth Circuit’s Rules for Radicals


BY ILANA MERCER

Read the judicial rules for radicals issued by the United States Court Of Appeals for the Ninth Circuit, in affirmation of the ban on The Ban.

It follows the Executive Order issued by President Donald Trump, with the imprimatur of 62 million voters, to protect the nation from foreign terrorists entering into the United States. Read more

President Trump Vs. The Democrat Dunce-Cap Lobby


By ilana mercer
Donald Trump is the gift that keeps giving. The week is still in its infancy, but the president has already made Chucky Schumer cry, fired Acting Attorney General Sally Yates within hours of her acting up, and caused the Forgotten Man to go even harder for their president. This Trump accomplished by inadvertently exposing the Democrats as firmly in the camp of Hollywood harridans, tech execs, the immigration lawyers lobby, the global refugee industry; and in the grip of the international human rights octopus. Read more

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