Many Libertarians have this amazing, naive faith in the court system to get things right. They reject legislative or executive rule-making on the grounds that all questions of harm and liability should be handled in the courts. They do this despite the fact that the courts are often hopelessly incompetent in technical matters. A system regulated by technocrats in some administrative agency will be much better than a system regulated by judges and lawyers.
Here is an example of how the courts fail to fill their basic function of criminal justice.