34. “Departurism and the Libertarian Axiom of Gentleness”


Abstract: When there exists a situation in which a non-criminal trespasser is ceasing his property-directed aggression (that is, when he is in the act of stopping the crime of trespassing), departurism contends that libertarian law ought to require that the owner of the property in question allow for this trespasser to complete the process of his departure from the premises just in case death is the result of his eviction. Because such a case is relevantly similar to the case of a trespass within the womb (and because allowing for such a trespasser to depart in this situation is the gentlest manner possible consistent with stopping the crime) the same course of action ought to be endorsed by libertarian legal theory in either case.