Henry Haller wrote:
BH) The question is whether it's immoral for the state to legislate a rebuttable ability-to-consent presumption that includes age as a factor. (BHHH) I don't believe it would be possible to devise a universal set of conditions defining whether or not any particular individual is competent to give consent. (HH
That's not what I proposed. Context restored above. See "rebuttable" and "factor".
HH) The only fair (and thus libertarian) way to handle such situations is on a case-by-case basis, where the ultimate authority is a jury (HH
Of course. The right of trial by a local jury may be optional under anarchotopia's defense agencies (e.g. Gotti Defense Agency, Acme Defense Agency), but it's mandatory to this minarchist, and indeed is one of the reasons I insist that the rights of the accused not be left up to the vagaries of the market.
