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At first glance the estoppel argument for rights and punishment is compelling however there are a few issues I have with it. For the moment I will only present the most damaging one as I see it: that the circumstances of action are not taken into account. In Punishment and Proportionality, Stephen Kinsella...
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If the state was established to protect an individual's rights and one is subjugated as a defendant in a case in which the defendant violated nobody's rights, shouldn't a motion to dismiss the case on a lack of standing be successful? Are there any holes in the above proposition? Are there...