Note: Updated and revised version included as chap. 5 of Legal Foundations of a Free Society (Houston: Papinian Press, 2023).
This article is similar to “Punishment and Proportionality: The Estoppel Approach, J. Libertarian Stud. 12, no. 1 (Spring 1996): 51–73. It builds on and expands the analysis in my earlier “Estoppel: A New Justification for Individual Rights,” Reason Papers No. 17 (Fall 1992): 61–74. See also “The Genesis of Estoppel: My Libertarian Rights Theory” (Mar. 22, 2016).
An updated and revised version will be included as chap. 5 of Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023). This chapter is based on the 1997 Loyola Los Angeles Law Review article, but also incorporates some material from the 1996 JLS version that was not present in the Loyola piece. The current draft of chapter 5 is here: LFFS ch 5 draft – PDF.
Errata may be found here.