I would personally list patent protections as legislative. There was an article posted to HN recently about patents and what I took away was that they do little to protect someone who isn't a large corporation. I believe this is related to http://news.ycombinator.com/item?id=2034262 , patents (in any form not just software but also physical) are just another way to prevent a free market from forming. And libertarianism is based on a firm belief in the free market.