1 See, for example, “Punishment and Proportionality” in The Ethics of Liberty pp. 85-95.

2 See “Fighting Crime without Punishment” in The Structure of Liberty pp. 216-237.

3 “Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also. And if any man will sue thee at the law, and take away thy coat, let him have thy cloak also.” Matthew 5: 38-40. “For if ye forgive men their trespasses, your heavenly Father will also forgive you. But if ye forgive not men their trespasses, neither will your Father forgive your trespasses.” Matthew 6: 14-15.

4 In my article “Christian Libertarians” in Formulations Vol. IV No. 2, I argue that the moral teachings of Jesus lead logically to radical libertarianism.

5 Randy Barnett believes criminals and tortfeasors should be required to compensate their victims, and he believes it is all right to incarcerate criminals (but not tortfeasors) in work prisons, if necessary, until they pay their debts. Consequently, he recommends a higher standard of proof (beyond a reasonable doubt) for criminal cases than for civil cases (majority of the evidence).

6 “On Government and the Private Production of Defense” in Democracy: The God That Failed pp. 239-265.

7 Democracy: The God That Failed pp. 250-251.

8 I have copied much of what follows from my book Enforceable Rights: A Libertarian Theory of Justice, which is on my website http://royhalliday.home.mindspring.com/ROYHOME.HTM.

9 Immanual Kant, The Metaphysical Elements of Justice. Bobbs-Merrill Inc., 1965, p. 102.

10 Randy Barnett, The Structure of Liberty, p. 203.

11 Ibid. p. 228.

12 Ibid. p. 234.

13 For more comments on Randy Barnett’s theory see my review of his book The Structure of Liberty in Formulations Vol. VI, No. 4.

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