v line Traditionally the state's initial claim to necessity was that it prevented warfare by erecting firm barriers of defense. As we have seen, this is tommyrot: the Law of Government Size shows that the duration and severity of war has always increased with an increase in state power. Larger states, far from providing peace, merely provide larger wars, having more human and material resources to pour into them. - Kirkpatrick Sale, "The 'Necessity' of the State," in Howard J. Ehrlich (ed.), Reinventing Anarchy, Again

PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

TRESPASSER

One who commits a trespass.

A man is a trespasser by his own direct actohen he acts without any excuse; or he may be a trespasser in the execution of a legal process in an illegal manner or when the court has no juris4iction over the subject-matter when the court has jurisdiction but the proceeding is defective and void; when the process has been misapplied, as, when the defendant has taken A's goods on an execution against B; when the process has been abused in all these cases a man is a trespasser ab initio. And a person capable of giving his assent may become a trespasser, by an act subsequent to the tort. If, for example, a an take possession of land for the use of another, the latter may afterwards recognize and adopt the act; by so doing, he places himself in the situation of one who had previously commanded it, and consequently is himself a trespasser, if the other had no right to enter, nor he to command the entry.

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