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Anarchist law and Fraud

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Anarcho-math Posted: Sun, Oct 25 2009 4:09 AM

What would be the basis for persecution of fraud in an anarchist society? Exactly how is fraud a violation of property rights?

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Conza88 replied on Sun, Oct 25 2009 5:53 AM

Anarcho-math:

What would be the basis for persecution of fraud in an anarchist society? Exactly how is fraud a violation of property rights?

http://mises.org/rothbard/ethics/nineteen.asp

Under our proposed theory would fraud be actionable at law? Yes, because fraud is failure to fulfill a voluntarily agreed upon transfer of property, and is therefore implicit theft. If, for example, A sells to B a package which A says contains a radio, and it contains only a pile of scrap metal, then A has taken B’s money and not fulfilled the agreed upon conditions for such a transfer—the delivery of a radio. A has therefore stolen B’s property. The same applies to a failure to fulfill any product warranty. If, for example, the seller asserts that the contents of a certain package include 5 ounces of product X, and they do not do so, then the seller has taken money without fulfilling the terms of the contract; he has in effect stolen the buyer’s money. Once again, warranties of products would be legally enforceable, not because they are “promises,” but because they describe one of the entities of the agreed-upon contract. If the entity is not as the seller describes, then fraud and hence implicit theft have taken place.13

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