Christian Liberty
Well-known member
How, then, would you discourage the participation in such a manner that it wouldn't happen?
Before I answer, do you understand the difference between what I am saying and what aCW is accusing me of saying? I will answer this but I want to make sure we're clear that I'm not condoning streaking or perversion first....
Preemptively assuming that you are intelligent enough to understand the difference )) I will now answer the question:
The short answer is simply, a central tenant of libertarian legal theory is that it is unjust to use aggressive force against a person or his property. "Aggressive" means not either in defense against a preemptive attack or in order to punish such an attack. Note that we are talking about the law here. There are circumstances in which certain types of preemptive force are unavoidable (For instance, a blind man is unknowingly about to walk into the road and get run over by a car.) Although libertarian legal theory is closely related to ethics, it is not an ethical system as such. Note also that we are talking about adults here. We are not talking about children or their relations with their parents.
With that being said, an adult who exposes himself on PUBLIC (emphasis added) property is violating nobody's rights. Its distasteful, its immoral, it should be a social faux pas, and so forth, but it doesn't violate your rights. The right not to see something repulsive is a positive right, rather than a negative right. As such, its a legal fiction that doesn't really exist.
On private property, on the other hand, nudity could of course be prohibited. And by "private property" I don't just mean your house. I mean Wal Mart, a school (public schools should not exist, so I'm not even going to get into the lesser of two evils in this type of situation), a restaurant, a privately owned park, whatever. Ideally all property would be privately owned so this wouldn't even be an issue. Most places probably wouldn't allow nudity, some might, and I just don't see the issue. The only reason its an issue is because the government illegitimately claims large amounts of property for itself. And since this property is illegitimately claimed by the government, the entire country effectively owns it at present. And since the government is not a rightful property owner, it does not act legitimately to stop any non-aggressive actions on its so called property. Much like you'd have a right to ask someone who insults your mom in your home to leave, but President Obama doesn't have a right to ask someone who insults his mom on "public" property to leave.
As for the question of "how do you prevent it?" Well, it may not be absolutely preventable, but I see this in the same light as numerous other distasteful, though non-violent, actions. Its legal to call every woman you see a whore, but who is going to do that? The social distastefulness of such a thing is plenty to prevent most people from doing it. Were you to advocate a law against it, I would fight it tooth and nail. Not because I think calling all women whores is morally acceptable, but because it is a non-violent action.
Now, of course, you would have every right to ask someone who would do such an action on your property to leave. So would anyone else. But its still a non-violent action that shouldn't be illegal as such. By contrast, theft and murder rightly aren't allowed anywhere. These actions are fundamentally violent (even theft that doesn't involve clear assault involves forcefully taking property from its owner) and warrant violence in response. Public nudity is distasteful but does not warrant violent response because it is a non-violent option (and if anyone here thinks that locking someone in a cage ISN'T violent, you need to set that superstition aside now, because it clearly is.)