Libertarian legal theory prioritizes procedural consistency over outcomes. Even if the evidence is factually true, its acquisition through coercion invalidates its use in a justice process. To accept such evidence would imply that aggression can be a legitimate tool for uncovering truth, opening a dangerous precedent where anyone could trespass or violate rights "for the greater good."
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Okay I still have “buts”:
- aggression would still not be legitimate, as the aggressor would be punished non the less (regardless if he finds eve fence or not
- information (here the evidence) is not scare? and thus no property.
- if the evidence would be uploaded to the internet, third parties would have gotten the information without aggression, and it could then be used legally
Also it feels wrong, but I now feelings are not objectively. But it’s basically saying, the truth does not exist legally.
@Max I think this logic breaks with Kinsellas IP. Example:
A breaks into B’s garage and discovers stolen bicycles. A calls C to inform them about the bicycles.
A: clearly violates property rights
C: however not, he just received information (IP), which he can then use as e wishes. That means C can use it as evidence or clue.
Or would you still disagree here? :)
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