We all want to be treated fairly, and we all have a sense of what is right. When justice is used as a mere rallying cry, it can be severely distorted. When justice is founded on a concrete set of moral principles, it is a guiding light for resolving conflicts. Governments claim a monopoly on the essential services around justice (dispute resolution, incarceration, public safety) yet in these most important social functions, they always abuse that power. They provide some legitimate functions in these areas, but only as necessary to maintain the illusion of providing an actual service. Even a brief examination of government justice services reveals that governments have no moral principles.
People have long used punishment as an excuse to violate others in order to control them. When someone seeks punishment, they are not seeking justice. Punishment is merely violence with a bad excuse. The threat of punishment is governments’ primary motivator. Governments cannot threaten us with justice. The purpose of punishment is to induce suffering so the threat of suffering can be used to control us. To give enforcers credible excuses to threaten us, governments come up with laws against things that make the racket less effective like not paying taxes, doing drugs, or challenging authority.
Every time a government enforces a law without a victim, the person getting arrested is the victim. If there is no victim, there is no crime. If there is a victim, the prescription for justice is simple: make the victim whole. If the person was stolen from, the stolen property (or its equivalent, plus compensation for the trouble) must be returned to them. If they were injured, appropriate compensation must be paid. If their property was damaged, they must be compensated. When governments punish someone for a victimless crime, they also punish society by forcing it to pay for the service. If we support victimless crime laws, we are just as responsible as if we had hired someone to rob or kidnap on our behalf.
Truly dangerous criminals should be forcibly isolated from society. Providing for the isolation of those who represent a legitimate threat is a very important service. Because governments have taken a monopoly on this most important function (despite their ineffectiveness), they are generally allowed to take on similar functions made possible by that monopoly. Because they are monopolies, they have little accountability and are inherently prone to corruption. All they have to do is convince their enforcers to enforce a law and they will say they are just following orders. When government is trusted with the power to determine justice, we end up with corrupt judges working with corrupt prosecutors working with corrupt cops, while corrupt politicians give them an excuse to point guns at peaceful people every time they pass a victimless crime law.
Judging an individual’s behavior to be wrong does not give you the right to punish them. Even if you are absolutely certain, even if you saw them do it, even if you think it would serve justice, it is never right to punish another person. You have the right to harm someone if necessary in self-defense. You might reclaim stolen property. You might do something to someone that leads to suffering, but you are never justified in doing something to another person for the express purpose of causing them to suffer. The one thing you always have a right to do is turn away from someone. If someone is a known thief, do not do business with them until they have made their victims whole. This is justice founded in natural rights and it is far more robust and fair than the government racket.
Justice is the application of ethics. A society’s practice of justice is a measure of its commitment to moral principles. Society’s punishment of nonviolent behavior is a measure of its abandonment of freedom. When we turn to governments for justice, we are turning to institutions based on violating rights in order to protect them. A protection racket cannot claim to have a moral foundation. Justice is far too important to be trusted to government. In many ways, we have become dependent on government, so in the transition to a free society, many peaceful systems of justice will first resemble current government models and meet current expectations. However, with the innovation made possible in the absence of coercion, those expectations will soon be exceeded with far more righteous and efficient.
Chapter 4 Section II From FREEDOM! by Adam Kokesh
I am the author of FREEDOM!, a book endorsed (I mean banned) by the US Department of “Justice.” You can get a copy here. I’m running for Not-President in 2020 on the platform of the peaceful, orderly, and responsible dissolution of the United States federal government. You can find out more here. I am currently on my #TaxationIsTheft tour! You can find an event near you here. Whoever has the top comment on this post after 24 hours can claim a free signed copy of FREEDOM! by sending me a message with their address.
