анонимный вопрос
As is well known, economic theory does not provide quantitative predictions, so let us not guess exactly how many days you will be unable to walk; instead, let’s actually reflect on how libertarianism stands in terms of sex.
Sex between legally competent persons
Anything is permissible here, provided that voluntariness is observed. I will specifically note that voluntary consent can be withdrawn at any moment. If a penalty was provided for this by contract, then the penalty is paid. Post-coital disagreement is a legal nonsense; any sane court would tell you to get lost with such claims. A demand for a penalty for inadequate quality of services is permissible if such a possibility was agreed upon in advance.
If one of the subjects was bound by a contract with a third party, and the sex violates this contract, then the second subject, who did not enter into the contract, is not a party to the conflict and cannot be held liable. So stop pulling the hair of the vile home-wrecker and focus on the divorce from the husband.
The existence of a subordination relationship between subjects is not, by default, an obstacle to sex. Thus, if a department head promotes their sexual partner, or conversely, refuses a bonus nomination for refusing sex, that is the business owner’s problem.
Sex between non-legally competent persons
The participants of the act themselves remain legally uninvolved, just as a dog is not subject to trial for mating with someone’s bitch without permission while the owners were looking away. All possible claims regarding the excess are settled between the guardians. Moreover, the fact that one of the guardians disapproves of what happened while the second has nothing against it is irrelevant. Justified claims may arise only if this disapproval was known in advance and the guardian of the second party incited the ward to act. Otherwise, post-factum claims make no more sense than the post-coital disagreement of one of the participants of the act.
Sex between a legally competent and a non-legally competent person
A simple combination of considerations from the two previous sections applies here. Everything performed by mutual consent is permissible; a justified claim may arise only if the legally competent party was aware in advance of the guardian’s disagreement regarding sex with the ward.
Sex with an incapacitated person
Here, there is a firm presumption of disagreement. If consent is not expressed in an explicit form (for example, if the girl is dead drunk and asleep), it means there is no consent.
