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5 Libertarian Papers 219 (2013)
Inchoate Crime, Accessories, and Constructive Malice in Libertarian Law

handle is hein.journals/libpa5 and id is 237 raw text is: LIBERTARIAN PAPERS

This paper arose out of a previous enquiry to one of the authors
regarding whether a particular set of actions which may constitute an
inchoate crime under present positive law would also amount to a crime
under libertarian standards. By an inchoate crime we refer to a crime that
is incomplete in some respect (the exact definition is discussed further
below). This paper is concerned with the application of libertarian moral-
political theory to assess legal doctrines on inchoate crimes and related
matters in criminal law. In particular, we examine the account of natural law
provided by Rothbard (2002) and elaborated in O'Neill (2012), and use this
to assess the legitimacy of various legal doctrines under a libertarian account
of natural law. (Questions pertaining to the structure and practices of
enforcement agencies under libertarianism, and the nature of the resulting
court/police system, are beyond the scope of our present inquiry.)
The libertarian account of natural law A la Rothbard grounds laws in
objective rules applying to the acquisition and transfer of property interests,
*Ben O'Neill (ben.oneill@hotmail.com) is a Lecturer in Statistics at the University of
New South Wales (Canberra). Walter E. Block (wblockgloyno.edu) is Harold E. Wirth
Eminent Scholar Endowed Chair and Professor of Economics at Loyola University (New
Orleans). We have benefitted immensely from the comments of two very active and
helpful referees. Any remaining infelicities and errors of commission and omission are
entirely our own.
Ben O'Neill and Walter Block. 2013. Inchoate Crime, Accessories, and constructive
malice under Libertarian Law. Libertaran Papers. 5 (2): 219-250. ONLINE AT:
libet  napr     . THIS ARTICLE IS subject to a Creative Commons Attribution 3.0
License (creativecommons.org/licenses).


VOL. 5, No. 2 (2013)

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