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OrphanWilde comments on On private marriage contracts - Less Wrong Discussion

8 [deleted] 12 January 2013 02:53PM

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Comment author: OrphanWilde 13 January 2013 12:00:26AM 9 points [-]

This disregards the common-law policies on contract; namely, that contracts involving illegal activity are unenforceable. I don't believe most people, libertarian or otherwise, who regard government as the arbiter of contracts, would see such contracts as you mention as -being- enforceable.

A second safety feature in contracts is default, again a common-law policy, which states that contracts -can- be ignored, for a monetary penalty equal to the value of the contract, less the value already attained, by the non-defaulting party.

These two common-law concepts act as necessary safety valves on any potential contract. (They can also be the source of some injustices, however.)

Comment author: [deleted] 13 January 2013 12:18:56PM *  5 points [-]

This disregards the common-law policies on contract; namely, that contracts involving illegal activity are unenforceable.

People have strong disagreements about what should and should not be illegal. Libertarian arguments can be used to legalize a lot of activity currently considered illegal. Vladimir_M points out that this argument is used almost exclusively to drive ideological agendas.