Agression Quote by Murray N. Rothbard

““Legal and political theory have committed much mischief by failing to pinpoint physical invasion as the only human action that should be illegal and that justifies the use of physical violence to combat it." In the law of torts, "harm" is generally treated as physical invasion of person or property. The outlawing of defamation (libel and slander) has always been a glaring anomaly in tort law. Words and opinions are not physical invasions. Analogous to the loss of property value from a better product or a shift in consumer demand, no one has a property right in his "reputation." Reputation is strictly a function of the subjective opinions of other minds, and they have the absolute right to their own opinions whatever they may be. Hence, outlawing defamation is itself a gross invasion of the defamer's right of freedom of speech, which is a subset of his property right in his own person. An even broader assault on freedom of speech is the modern Warren-Brandeis-inspired tort of invasion of the alleged right of "privacy," which outlaws free speech and acts using one's own property that are not even false or "malicious." In the law of torts, "harm" is generally treated as physical invasion of person or property and usually requires payment of damages for "emotional" harm if and only if that harm is a consequence of physical invasion. Thus, within the standard law of trespass — an invasion of person or property — "battery" is the actual invasion of someone else's body, while "assault" is the creation by one person in another of a fear, or apprehension, of battery. To be a tortious assault and therefore subject to legal action, tort law wisely requires the threat to be near and imminent. Mere insults and violent words, vague future threats, or simple possession of a weapon cannot constitute an assault18; there must be accompanying overt action to give rise to the apprehension of an imminent physical battery. Or, to put it another way, there must be a concrete threat of an imminent battery before the prospective victim may legitimately use force and violence to defend himself. Physical invasion or molestation need not be actually "harmful" or inflict severe damage in order to constitute a tort. The courts properly have held that such acts as spitting in someone's face or ripping off someone's hat are batteries. Chief Justice Holt's words in 1704 still seem to apply: "The least touching of another in anger is a battery." While the actual damage may not be substantial, in a profound sense we may conclude that the victim's person was molested, was interfered with, by the physical aggression against him, and that hence these seemingly minor actions have become legal wrongs. (2/2)””

— Murray N. Rothbard