Here are their core definitions:
Property:
Anything that can be the subject matter of contract.
Coercion:
The intentional interference with the property of another.
Crime:
The successful interference with the property of another. Successful coercion.
Justice:
The elimination or absence of coercion.
Freedom:
A condition where an individual’s will regarding his own property is unopposed by any other’s will
Although there is something nice about the ideas that they are promoting therein, there are many problem – enough that if you had a society build around these principles, you wouldn’t know what what is right and what is wrong.
For example, defining property as “anything that can be the subject matter of contract” doesn’t tell you what can be the subject matter of a contract. That means you can look at a thing and ponder whether it is property, and then have to answer that by figuring out whether it can be the subject matter of a contract. How can you determine that? If there is no actual contract pertaining to a thing, does that mean it can’t be property? How could a judge decide objectively if there could be a contract regarding a thing? He can’t do what is actually done, namely determine whether the thing is property.
Interestingly, one of the fundamental property concepts that libertarians adhere to is “one’s life”. But one’s life cannot be the subject matter of a contract: you cannot form a contract requiring a party to kill themselves. By this definition, your life is therefore not property. The error is that contract depends on property, not the other way around as they have it.
The definition of coercion as “the intentional interference with the property of another” depends crucially on knowing what “interference” is. Since this is a fundamental concept, we have to know what it is. The word literally means “hinder, impede”; well, if A outbids B in negotiating for C’s property, A has “interfered”. In fact, A may have interfered with C, if his offer is high enough. It’s quite possible that C wanted to sell to B, but A’s much better offer has impeded C’s decision-making process, requiring him to balance his affection for B and his affection for A’s superior offer. What’s starkly missing is the real important element, namely the use of physical force. Notice that the concept of physical force, whose prohibition is the root of Objectivist theories of law, plays no role in their definitions.
The definition of crime as “successful coercion” is plain wrong. A crime is that which is prohibited by law. A proper law would only prohibit initiation of force, but it is just evasion to say that because a law is not a properly-justified law that the act is actually not a crime. That is primacy-of-consciousness thinking for you. To make things worse, a proper law would also include failed attempts, so their idea that you need success is also wrong. Attempted murder is and should be a crime.
Justice is not “the elimination or absence of coercion”, it is “judging a man’s character and/or actions exclusively on the basis of all the factual evidence available, and of evaluating it by means of an objective moral criterion”. Justice is much broader than prosecution for the initiation of force. Their characterization of justice means that a proper decision in a contract dispute cannot be an instance of justice.
I must restrict their freedom, given their idea that freedom is “a condition where an individual’s will regarding his own property is unopposed by any other’s will”. Their idea (which is their property) is totally wrong, and I absolutely oppose it. Although I will not initiate force against them to make the point.
Oh well.