Dialogical Estoppel, Erga Omnes Rights, and the Libertarian Theory of Punishment and Self-Defense

dc.contributor.authorDominiak, Łukasz
dc.contributor.authorWysocki, Igor
dc.contributor.authorWójtowicz, Stanisław
dc.date.accessioned2023-03-22T07:55:55Z
dc.date.available2023-03-22T07:55:55Z
dc.date.issued2023-03-22
dc.descriptionThis research was funded in whole or in part by the National Science Centre, Poland, grant no. 2020/39/B/HS5/00610. For the purpose of open access, the author has applied a CC-BY public copyright license to any author accepted manuscript version arising from this submission.pl
dc.description.abstractThe present paper seeks to address the question of whether Stephan Kinsella’s theory of dialogical estoppel justifies punishment only when it is meted out by the victim and his agents or also when it is exacted by the third party. Analogously, the paper investigates the scope of the defensive and punitive force: Is the legitimate use of such force limited only to the victim and his agents, or does it also extend to third parties? This paper contends, following Uwe Steinhoff’s “Look who’s talking” argument, that the offender is estopped in his opposition against the punitive and defensive force not only vis-à-vis the victim and his agents but also vis-à-vis third parties. Since this fact entails—in accordance with the very logic of estoppel—that the offender has forfeited his rights not only in personam (vis-à-vis the victim) but also erga omnes (vis-à-vis third parties), then it also follows that the punitive and defensive force may be inflicted upon him by anybody. These findings might have interesting ramifications for the libertarian theory of punishment and self-defense.pl
dc.description.sponsorshipNarodowe Centrum Nauki/National Science Centrepl
dc.identifier.citationJournal of Libertarian Studies, 2023, vol. 27, No 1, pp. 1-24.
dc.identifier.issn2643-4598
dc.identifier.urihttp://repozytorium.umk.pl/handle/item/6846
dc.language.isoengpl
dc.relation.ispartofseriesJournal of Libertarian Studies;27
dc.rightsAttribution 3.0 Poland*
dc.rights.urihttp://creativecommons.org/licenses/by/3.0/pl/*
dc.subjectestoppelpl
dc.subjectKinsellapl
dc.subjectlibertarianismpl
dc.subjectpunishmentpl
dc.subjectself-defensepl
dc.titleDialogical Estoppel, Erga Omnes Rights, and the Libertarian Theory of Punishment and Self-Defensepl
dc.typeinfo:eu-repo/semantics/articlepl

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