[851] in libertarians
Re: your mail
daemon@ATHENA.MIT.EDU (Derek Rose)
Mon Mar 27 23:10:31 1995
Date: Mon, 27 Mar 1995 23:09:59 +0001 (EST)
From: Derek Rose <rosed@world.std.com>
To: Paddington Bear <deanjens@midway.uchicago.edu>
Cc: libertarians@MIT.EDU
In-Reply-To: <CMM.0.90.4.796359369.deanjens@woodlawn.uchicago.edu>
On Mon, 27 Mar 1995, Paddington Bear wrote:
> Vimrich:
> > Libertarians what the basis to be "who's impinging on who?"
> etc.
>
> A musing:
> In the OJ Simpson trial, it is "The People" vs. OJ. Similarly if he were
> charged for theft, rape, whatever. While this is certainly necessary in some
> circumstances, e.g. murder, the whole concept that the crime is against "The
> People" instead of against Nicole Brown Simpson and Rob Goldman is dangerous.
Hm. Well, the state likes to try and portray itself as "the people," but
in some courts this would be California v. O.J. Simpson. (I think).
> Should theft, fraud, etc. be tried as civil suits, settlable out of court and
> prosecuted by the individual?
>
Well, nearly all cases can be tried this way; you can bring a civil suit
against someone and collect money damages for compensation. In a
criminal suit, the idea is that aside from compensation, crimes committed
by someone with a "mens rea" -- an evil mind -- should also be punished.
Though a few libertarians like Randy Barnett find this objectionable, it
makes sense to me.
> -Dean Jens
>
