Formal ‘legal consequences’ of aggressing
- When someone aggresses, they formally breach the Legal Principle, and consequences are necessary to discourage behavior that prevents others from living freely. These are called ‘judicial remedies’, requiring due process.
- The 3L Philosophy has no theory of punishment other than it must not exceed what is proportionate, consistent with the right to proportionate self-defense.
- Proportionate force in self-defense, by the victim or on behalf of the victim, is the first potential consequence an aggressor may justifiably face. Self-defense is only justified if it is proportional and occurs at the moment of threat.
- Due process is afforded to an aggressor. Criminal cases are generally tried in a court and punished in accordance with local community rules, ensuring that punishments do not exceed what is proportionate. Civil disputes, or private law matters may be resolved via arbitration or settled out of court.
- The local community may define the rules for proportionate punishment of accused aggressors found guilty by a court committed to upholding the Legal Principle.
- Examples of judicial remedies:
- less severe violations may entail fines or restitution, and
- severe violations may also involve prison sentences.
- Pardons: A local community could establish a commutation and pardon board to exercise discretion in lessening a sentence or nullifying a conviction under unique but appropriate circumstances.