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Sunday, April 27, 2008

RE: [LPplatform-discuss] We need a Denver Accord to replace the Dallas Accord

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. (BH
HH) 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.