Libertarian Law and Legal Systems Part Three – Consent and Contract


Libertarian Law and Legal Systems Part Three – Consent and Contract

By Duncan Whitmore

We will begin our survey of the causative events of legal liability in a libertarian legal system with those that arise from consent because, even though people may view “the law” as being synonymous with wrongs such as crimes and torts, consensual legal relations are, in fact, the most frequent types of legal interaction that arise in an individual’s life.

Contract

The predominant form of legal relations arising from consent is, of course, the contract; a person may enter tens of these contracts every single day by, for example, just purchasing a coffee, a bus ticket, or lunch, whereas most people would scarcely commit a single crime in their entire lives (although we might note that today states are happy to spill oceans of ink in criminalising, through legislation, even the most innocuous of actions). While any good legal system must have strong proscriptions against horrific acts such as murder and rape, it is the contract that is the primary preoccupation of everyone’s daily lives.

The first question to consider, then, is what exactly is a contract? Although it should be clear that all contracts concern some sort of bilateral arrangement, different legal systems have varying and often elaborate definitions. Continue reading

The Economics of Free Lunches, with Guido Hülsmann


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On Show 28 of the Mises UK Podcast, Andy Duncan speaks to Professor Guido Hülsmann about a new forthcoming book that he’s working on, based on the concept of a free lunch, or rather the political economy of gratuitousness. In a packed interview, along the way we also cover a pertinent encyclical by Pope Benedict XVI, the economic consequences of gifts, the definition of a proper gift, spontaneous gratuitousness, what defines an improper gift, the fallacy of government ‘generosity’, the implausibility of Keynesian ‘economics’, the ‘welfare’ state, intellectual ‘property’, the possible collapse of the Euro, and Erik von Kuehnelt-Leddihn. What more could you possibly ask for in a podcast on Austrian Economics?

Podcast sponsored by: http://finlingo.com/

iTunes: https://itunes.apple.com/gb/podcast/misesuk-org-podcast/id1322473728

Music: http://www.bensound.com/royalty-free-music