Murder, Alone, Or, Both Murder and Trespass? Both.

From: A
Sent: Wed 5/25/2016 9:57 PM
To: Walter Block
Subject: Is very murder also trespass?

Dear Walter,

If A and B are both visitors to C’s property, and A kills B there, should A also be charged with trespass against C (in addition to the charge of murdering B)? Because the condition on which A was allowed to enter C’s property should include A not killing people there; so A has violated his contract with C, just like the person who shouts “Fire!” in a crowded theater.

Thanks a lot! A

Dear A:

Yes, I agree. I’m glad you see the case of yelling “Fire” in a crowded theater the way I wrote about it in my book, Defending I. There is nothing wrong with this per se. If sado masochists want to do this, that should be legal. But, it is improper (unless of course there is a fire) in ordinary circumstances, due to either implicit or explicit contracts forbidding such acts.

Best regards,



3:08 pm on February 20, 2019