Are Restraining Orders Compatible With Libertarian Law? Yes.

From: A
Sent: Thursday, March 21, 2019 9:27 PM
To: [email protected]
Subject: Question re: restraining orders

Hi Professor Block,

Recently a friend challenged me on the impossibility of restraining orders in a free society. I countered and said that this would be possible even without a government. However, upon thinking back, I am wondering whether or not there really could be effective restraining orders in a free society. Do you have any ideas that I could pose to my friend about the potential for this?

Sincerely, A

From: Walter Block [mailto:[email protected]]
Sent: Sunday, March 24, 2019 5:58 PM
To: A
Subject: RE: Question re: restraining orders

Dear Alex:

Injunctions, restraining orders, in my view, are legit, when there’s a clear threat. I don’t think the victim has to wait for the actual attack before getting the law to intervene in his behalf.

On the other hand, no one’s freedom should be restricted unless he is found guilty of a crime. However, restraining orders are commonly issued for people who are found guilty of uttering a threat. In my view, the non-aggression principle (NAP) proscribes not only the actual initiation of violence, but, also, the threat thereof. So, suppose A threatens to punch B in the nose, and the latter is totally innocent. B would be justified in going to a court, hopefully a private one, with ironclad evidence of this threat.  Now, possibly, no, likely, A’s threat will be punished very harshly. But, there are always continuum problems.

Block, Walter E. and William Barnett II. 2008. “Continuums” Journal Etica e Politica / Ethics & Politics, Vol. 1, pp. 151-166, June;http://www2.units.it/~etica/http://www2.units.it/~etica/2008_1/BLOCKBARNETT.pdf

Suppose, then, that the court finds A guilty of only a minor offense, and wishes to punish him only slightly. Then, I think, an injunction, or a restraining order against A would be justified. After all, now, A, has indeed been found guilty of a crime

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8:15 am on July 18, 2019