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contractualist OP t1_j74wy4z wrote

Mens rea and actus reus only refer to mental states and actions. Different crimes require different mental states and actions, so they aren’t helpful for actually shaping criminal law. They’re just legal elements (and this only applies to criminal law).

Involvement is determined by proximate causation, which would depend on reason-based factors (intentions, foreseeability, geography, etc.) Again, it’s not intuitive and even the rights that seem straightforward tend to have exceptions. For instance, you won’t have the right to kick someone off of your property if they have taken that property through adverse possession (which also depends on reason-based factors). The standard which we can say an act is right or wrong is based on social contract principles. Simply declaring rights isn’t helpful for the specification, prioritization, or genealogy problems I discuss in the piece. Libertarianism fails to address these problems.

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locri t1_j74ybj5 wrote

One references an action, the other references the state of mind. It is a near perfect theory that encompasses the physical and mental and provides me with one fool proof answer that you still haven't address. It even criminalises pollution, as to pollute knowingly is an action.

And it is the basis of a standard of guilt.

But what do I owe without action? The answer is nothing, or, no more than anyone else. This is the perfect negative right, until you convince me of a responsibility which almost certain demands the physical proof and an evaluation of my guilt before the standard is achieved.

This is how libertarianism addresses the problem. It does so by reminding you what slavery is.

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WhittlingDan t1_j78lv21 wrote

I asked this elsewhere but could you please give me the definition you hold and use for what libertarian is?

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