The potential fallacy is that any theory must be 100%. A system of philosophy will always fall short of perfectly calculating for all conditions. The best among them leave gray area that is very small, very specific, very unlikely to occur, and can only be resolved with common sense ethical behavior, such as is the case in this example.
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The potential fallacy is that any theory must be 100%.
That's right. There's a known incompatibility between completeness and consistency. Libertarianism is intentionally incomplete as a moral philosophy: i.e. it's restricted to questions about the use violence to solve problems.
I think you're correct as far as what will ever be put into practice. I doubt a pristine libertarianism will be enshrined. What strikes me as more likely are a bunch of legal precedents based on "common sense ethical behavior", because that's what people will actually opt-in to.
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