Tag Archives: robbery

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

QUANGOs


David Davis

Newport City, of whom I have just become aware (good blog) has a thingy-watsit on quangos, those boondoggle-junketing ways in which stalinists money-launder taxation-receipts out of the system, towards themselves personally, without the dosh actually having had to do anything even vaguely useful on the way.

You could say it’s a kind of streamlining of the Stalino-Fascist system, according to the conclusions of “management” “consultants”. It accelerates money, faster down its conentration gradient, while also widening the channel for it to fall down (into the pit of nothingness) and also while causing it NOT to be diverted into channels labelled things such as “education”, “health”, “infrastructure projects”, and the like.

The post referred to states 61 pages of quangos. I recall that Michael Ivens, in the early 80s or late 70s, produced a similar document, but I can’t find my copy.

Also there are no wiki refs to Michael Ivens or Aims of Industry. Anybody want to write some?

Libertarian Alliance Showcase Publication No-16:


David Botsford

Why the Right to Armed Self-Defence Against Criminals Should Not have Been Suppressed in Britain, and How It Might Gradually Be Re-Established.
http://www.libertarian.co.uk/lapubs/polin/polin133.pdf