What is a Justice System
A justice system includes the institutions, rules, and processes individuals in a community are expected to follow to prevent and resolve breached of the Legal Principle, or to resolves civil (private) disputes.
Live and Let Live and Justice Systems
The 3L Philosophy does not prescribe a comprehensive justice system
- Most important is that the Legal Principle is adopted in people’s hearts and minds.
- We need a justice system that is compatible with the Legal Principle to secure justice and just compensation for victims of aggressors.
- If all laws are in harmony with the Legal Principle and all disputes are handled in jurisdictions (by court(s) or without going to court) that operate according to well-established due process concepts, it does not matter exactly who is making or enforcing the laws, whether it be a locally elected sheriff, national police, military or even a global or even an foreign police force.
- So long as weapons are used for self-defense, there is no violation of the Legal Principle.
- Although the specific laws require urgent realignment with the Legal Principle, many of the ways the justice system functions today can be replicated by a free society. We are fortunate that many people of goodwill have generally done a great job in arriving at our current major jurisprudential principles, which have evolved from the foundation provided by the Roman and English common law doctrines.
Components of a Justice System
- Courts, judges, arbitrators, police, and border security services can all be provided publicly or privately, as can the means of punishing aggressors and foreign policy. There are many ways these can be voluntarily funded.
- The process of administering, adjudicating, and enforcing laws in a free society can be modeled on many of the legal procedures that exist today. While we could improve in each area, private (civil) law, including contract, property, tort, trials, appeals, and evidence law, incorporate many usful features already.
- There are several simple ways to prevent an abuse of power in the legal system, including separating the legislative, executive, and judicial branches and utilizing juries.
- No institution must necessarily have a coercive monopoly over law or enforcement. Individuals are free to select competing arbitral providers and protection agencies. Arbitration bodies and courts, with the consent of their clients, may agree to establish courts of appeal and appellate courts to resolve disputes between arbitral providers and protection agencies.
Eliminating unnecessary costs of the Justice System
- Removing laws against victimless acts will significantly lower the cost of the justice system. Criminalizing victimless acts detract resources from administering justice against actual aggressors and unnecessarily create a crushing volume of cases that overwhelm current justice systems, many of which stem from the foolish war on drugs.
What is Proportional Justice?
Proportional justice is the principle that a response to a breach of the Legal Principle (e.g. a punishment or legal remedy) must be reasonable compared to the nature and consequence of the act which constitutes the breach.
The response must be sufficient but must not exceed what is fairly deserved.
Proportional Justice is a particularly important theme in criminal law, where laws and responses to breaking laws are publicly enforced without consent.