1. Libertarian Approach to Traditional Law
29th LibSem 2014
Jeffreys Bay
Leon Louw
Libertarian Approach to Traditional Law

3. Bad start! Basic rule: never apologise or disclaim
‘I don’t know why I was asked’
‘I’m not an expert’
‘I know nothing about the subject’
‘I’m not delivering what’s expected’
‘I have more questions than answers’
Seriously challenging issue: libertarianism versus common, customary, tradition, natural law?

4. Myopic assumptions Common law = English common law
Common law = European common law
Common law is libertarian
Tribal, traditional, customary law are not common law
Religious law, especially ‘fundamentalism’ is not common law
Reality is extremely challenging!

5. What is libertarianism?
Non-aggression
Consent
Why?
Natural rights
Objectivism
Utilitarianism
Impulse + confabulation (‘Type 1 thinking’)

6. Consent axiom Submission by consent is common
Sport: initiation of violence
Games: legitimized fraud
Juristic persons: companies, co-ops, trusts etc
Voluntary associations: clubs, foundations, partnerships, communes, churches, teams etc
Religion: claims, threats, promises
For now:
Liberty = consent
Libertaria is minarchy (not anarchy)

8. When liberty is illiberal?

9. Libertarian taboos Issues ignored and down-played
Examples and grey areas:
Free speech: incitement, stolen information
Property rights: weapons (incl WoMD)
Property rights: over-flying, caving, mining
Dangerous activities: reckless driving/flying/building
No-physical violations: nuisance, indecency, abuse
Common law: customary/traditional/tribal/religious
Property rights: animal cruelty ….

10. Animal cruelty

11. Animal cruelty

12. Animal cruelty

14. Freedom of expression?

15. Freedom of expression?

16. Libertarian taboos Parenting rights = child abuse Circumcision
Jehovah’s Witnesses etc (medical care)
Incest: siblings, parents, relatives etc
Pedophilia
Undue influence
‘Fear of God’
Burka
Damnation
Ostracisation

17. Libertarian taboos Women: genital mutilation, domination
Rituals: body modification
Age of consent to:
Sex
Marriage
Emancipation

18. Not so simple Islam Judeo-Christian Inheritance
Cultural treasures, heritage sites
Tradition dress versus indecency

20. The best libertarianism can offer?
Club theory
Small groups/areas/population
Devolution: maximizes consent/consensus
Secession
Right of exit
Already so?
Future generations?
Tradition?
Criteria? No obvious objective criteria
Judicial discretion?

21. Practical examples
Fish Hoek
Oranja
Golf etc estates
Monaco
Emirates

22. Libertarianism as a paradigm

23. Libertarian response?
The
end

24. The end