My Stance

I am running for the United States Senate as a “Live and Let Live” candidate. All my positions on all issues are therefore consistent with the principles of the Live and Let Live Global Peace Movement. Please read this short article or watch my video below to provide an overview of the Movement’s principles.

Where Marc Stands on Specific Issues

Tap an issue for more details.

Personal Opinions and Preferences

It is important to note that the proper 3LP analysis has no connection or relevance to my, or any other person’s, personal opinions or preferences.  A discussion about personal views is an entirely different discussion.  For example, I certainly respect the rights of competent adults to choose for themselves whether to eat ice cream.  Whether I opt to eat ice cream is entirely irrelevant.  If I do opt to eat ice cream, what flavor I fancy is also irrelevant.  My position on whether people ought to eat ice cream is also totally unrelated to a discussion about how we apply the 3LP.  How I, any other person, or even a hypothetical reasonable person, opts to live their life is not relevant to a discussion about applying the 3LP.  We should always be mindful of keeping these discussions separate.   


A basic tenet of the 3LP is not to forcefully impose our personal life choices and preferences on others.  We must let others live their lives.  This conclusion does not mean we cannot have specific life preferences, vocalize them and even strongly advocate for them as persuasively as possible.  While I will confess to eating ice cream on rare occasions, I will enthusiastically do my best to attempt to convince you not to overeat it to optimize your diet and overall health.  If you reject my advice, I may try to convince you to eat chocolate ice cream because I have personally concluded it is the best flavor.  However, I fully recognize, respect, and would strongly advocate for your right to ignore my excellent advice and instead eat other flavors.   


I can legally scoff at, and even publicly ridicule, your life choices if I wish while firmly advocating for your right to make the decision with which I disagree entirely.  There is no contradiction.  This ability to respect the rights of others, even when we disagree, is the highest expression of a 3L attitude.  Importantly, advocating for your legal right to eat ice cream is not “sending a message” that I think you should eat ice cream.  We need to dispense with this unsophisticated argument immediately.  Civilized people should be nuanced enough thinkers to comprehend the difference between recognizing the legal rights of others to make what we may personally conclude are bad decisions and advocating for them to do so.  Our political discourse needs to evolve so we can recognize and highly value the vital difference between the issue of how the law should apply and the unrelated issue of what our personal opinions and preferences dictate.



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Factual Disputes

We have an increasingly severe problem with social and news media outlets. It seems there are few, if any, news sources that are committed to presenting facts unbiasedly. Social media organizations have become shockingly better able to bombard us with skewed versions of the news they conclude we are predisposed to believe already. If you utilize social media, you probably live in an echo chamber of voices agreeing with your current constructions of facts. As a result, large groups have significant disagreements about basic facts on many issues.  


Given that we do not usually have personal knowledge of the relevant facts for a given issue, this is a growing problem unnecessarily causing discord and chaos in our world. Others can now easily manipulate what we believe factually about the world. We should always remain aware of this issue. Because of this reality, we should each allow for the possibility that the facts underlying many questions may differ from what we currently believe. We should generally be more-humble when we assert our beliefs about important facts underlying issues we discuss. 


Importantly, we should realize that many bitter and divisive political disputes among people are merely factual disputes. For example, substantial political divides on the issue of climate change often entirely turn on factual disputes. If you believe the Earth is warming at a rate that will cause severe problems for all life, you are reasonably motivated to act. On the other hand, if you believe the Earth is either not warming or not warming at a rate likely to result in any significant problem for many generations, you are probably not concerned with the issue. Even if you believe the Earth is warming, you will likely find different factual disagreements with others about whether this is due to human action or simply natural occurrences such as variations involving the sun’s energy output. 


Reasonable people agree that if there exists a problem that will soon threaten life on Earth, we ought to take action to remedy the situation immediately. Establishing the underlying facts necessary to support this conclusion can be challenging when we all have instant access to what is usually a vast body of asserted “facts” to the contrary. Sometimes, personal research, observation, or common-sense reasoning can resolve the factual dispute. However, in many cases, it is not so easy to personally confirm or deny another’s assertion of underlying relevant facts.       


You probably do not have all the facts or higher educational background needed in the multiple scientific disciplines necessary to arrive at an educated conclusion about climate change. You, like me, probably need to rely upon experts in this area. However, as you probably already know, it is not so difficult today to find an “expert” to support almost any position on any issue. As a result, your beliefs regarding climate change may simply be a function of where you obtain your news. We should remain mindful of whether we are engaged in a mere factual dispute with another person or whether the debate is rooted in a disagreement on principle. People who accept the 3LP are not immune from factual disputes. We should always be vigilant to ensure we do not confuse a factual dispute with a fundamental disagreement about whether a person accepts the 3LP. They are notably different questions. We should be constantly aware of this vital distinction.   


While people who accept the 3LP readily agree that no person should be permitted to trespass pollution upon another’s property, whether such trespass is occurring is a factual question. When we need to resolve a factual dispute between people, we often employ the time-tested mechanisms of a formal trial. Resolving factual disputes is one of the essential functions of a jury. However, in a political discussion, a jury trial is not possible. Utilizing a hypothetical set of facts is often helpful to avoid an extended debate about disputed facts and move to the important fundamental questions about principle.


Returning to the issue of climate change, simply using a hypothetical set of facts will get us to the essential fundamental question. If we simply assume, for our discussion, both that the Earth is warming at a rate that will soon result in significant threats to life on Earth and that this warming results from humans trespassing upon each other with pollution from their vehicles, we simply resolve the issue as we would resolve any trespass. It becomes a question to resolve with ordinary trespass law.  


Similarly, if we assume the Earth is not warming, it is also an easy question to resolve; either there is no trespass, or any trespass is so minor we treat it as di-minimis and take no formal legal action. Although getting to the bottom of the factual dispute remains a significant problem, people who agree with the 3LP should generally be able to agree on the essential fundamental issues while agreeing to disagree on underlying facts. In cases where we agree on facts, the question about how the law ought to apply is correctly resolved by fairly and reasonably applying the 3L Legal Principle.  

 Groups, Organizations, Corporations, and Governments


I have previously touched upon this issue in Chapter Six. I intentionally expand on that discussion here because of the critical importance of the problem. Agreeing to legally prohibit individuals from violating the 3L Legal Principle but then allowing them to simply form groups, organizations, corporations, or governments to legally violate the 3L Legal Principle would defeat the entire project of advocating for a free and peaceful world. It would be the most explicit example of allowing the exception to swallow the rule entirely. Indeed, this closely resembles the legal situation we have today. While we legally prohibit individuals from violating the 3L Legal Principle, people whom the most prominent group employs, we refer to as “government,” are routinely legally permitted to disregard it for countless reasons. We can never achieve freedom and peace unless we oppose all violations of the 3L Legal Principle regardless of who is violating it, even if the government employs the person violating it.  


What matters is not whether a person is also a member of some group, organization, corporation, or government, but whether the person or the collective group of people is aggressing against another. To the extent our institutions violate the 3L Legal Principle, they act illegitimately and contrary to the interests of promoting a free and peaceful world. Reasonable people are generally not confused about the 3L Legal Principle applied to individuals. In the vast majority of places around the world, individuals aggressing against other individuals are already legally prohibited. Indeed, all civilized countries have laws banning aggressions such as murder, assault, theft, and fraud.xiii At least on the individual level, most people already intuitively agree aggression is wrong. In most places around the world, merely pushing a random stranger will usually be met with some level of justified anger due to unconsented aggression. Even most non-human animals will react negatively to aggression.   


While this is unquestionably true on the individual level, many people get distracted into erroneously concluding differently when individuals band together to form groups, organizations, corporations, or governments. As previously argued, groups, organizations, corporations, and governments cannot have rights independent of their members. They do not magically or spontaneously appear out of thin air. They are each created solely by individuals. There is simply no other way for them to exist. There would be no government if there were no people. Governments do not spontaneously arise out of thin air. They only arise by the forming of groups by individual people.

   

As such, groups, organizations, corporations, and governments cannot possibly have any rights not delegated to them by their members. If you accept the 3L Legal Principle, you believe no individual has a right to aggress against another. Therefore, no individual can delegate such a right to any group, organization, corporation, or government. Even collectively, individuals cannot delegate rights they do not have. Because individuals, collectively or otherwise, cannot delegate a right to aggress, no group, organization, corporation, or government could legitimately have any right to aggress. We should hold all groups, organizations, corporations, and governments to the same standard as all individuals. Why would a peaceful person want one of these groups to ever threaten or initiate force, fraud, or coercion in any event?  


Individuals can undoubtedly delegate the rights they have. For example, because individuals have a right to self-defense, individuals can properly delegate that right to groups, organizations, corporations, or governments to act as their agents in defending them appropriately. In contrast, because individuals do not have a right to take money from their neighbors without their consent, they cannot delegate any such “right” to any group, organization, corporation, or government. The same standard of conduct should apply to all individuals and groups of whatever type.   



Is this such a scary conclusion? Why would we want any of these entities to aggress in any event? If you desire any of these entities to aggress against others, isn’t this the same as saying you want to aggress against others? If so, you are simply saying you want to use groups, organizations, corporations, or governments as a tool to aggress against others. The person who wants to use a group, organization, corporation, or government to aggress against others is someone who has not had their heart and mind won for the wisdom of adopting the 3LP. If the idea of non-aggression makes sense to you, we should apply it to everyone consistently, even when they band together to form groups, organizations, corporations, or governments. To treat them differently from how we treat individuals is to use them as tools to aggress against others.



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Groups, Organizations, Corporations, and Governments 

Agreeing to legally prohibit individuals from violating the 3L Legal Principle but then allowing them to simply form groups, organizations, corporations, or governments to legally violate the 3L Legal Principle would defeat the entire project of advocating for a free and peaceful world.  It would be the most explicit example of allowing the exception to swallow the rule entirely.  Indeed, this closely resembles the legal situation we have today.  While we legally prohibit individuals from violating the 3L Legal Principle, people whom the most prominent group employs, we refer to as “government,” are routinely legally permitted to disregard it for countless reasons.  We can never achieve freedom and peace unless we oppose all violations of the 3L Legal Principle regardless of who is violating it, even if the government employs the person violating it.   


What matters is not whether a person is also a member of some group, organization, corporation, or government, but whether the person or the collective group of people is aggressing against another.  To the extent our institutions violate the 3L Legal Principle, they act illegitimately and contrary to the interests of promoting a free and peaceful world.  Reasonable people are generally not confused about the 3L Legal Principle applied to individuals.  In the vast majority of places around the world, individuals aggressing against other individuals are already legally prohibited.  Indeed, all civilized countries have laws banning aggressions such as murder, assault, theft, and fraud. At least on the individual level, most people already intuitively agree aggression is wrong.  In most places around the world, merely pushing a random stranger will usually be met with some level of justified anger due to unconsented aggression.  Even most non-human animals will react negatively to aggression.     


While this is unquestionably true on the individual level, many people get distracted into erroneously concluding differently when individuals band together to form groups, organizations, corporations, or governments.  As previously argued, groups, organizations, corporations, and governments cannot have rights independent of their members.  They do not magically or spontaneously appear out of thin air.  They are each created solely by individuals.  There is simply no other way for them to exist.  There would be no government if there were no people.  Governments do not spontaneously arise out of thin air.  They only arise by the forming of groups by individual people.     


As such, groups, organizations, corporations, and governments cannot possibly have any rights not delegated to them by their members.  If you accept the 3L Legal Principle, you believe no individual has a right to aggress against another.  Therefore, no individual can delegate such a right to any group, organization, corporation, or government.  Even collectively, individuals cannot delegate rights they do not have.  Because individuals, collectively or otherwise, cannot delegate a right to aggress, no group, organization, corporation, or government could legitimately have any right to aggress.  We should hold all groups, organizations, corporations, and governments to the same standard as all individuals.  Why would a peaceful person want one of these groups to ever threaten or initiate force, fraud, or coercion in any event?   


Individuals can undoubtedly delegate the rights they have.  For example, because individuals have a right to self-defense, individuals can properly delegate that right to groups, organizations, corporations, or governments to act as their agents in defending them appropriately.  In contrast, because individuals do not have a right to take money from their neighbors without their consent, they cannot delegate any such “right” to any group, organization, corporation, or government.  The same standard of conduct should apply to all individuals and groups of whatever type.     


Is this such a scary conclusion?  Why would we want any of these entities to aggress in any event?  If you desire any of these entities to aggress against others, isn’t this the same as saying you want to aggress against others?  If so, you are simply saying you want to use groups, organizations, corporations, or governments as a tool to aggress against others.  The person who wants to use a group, organization, corporation, or government to aggress against others is someone who has not had their heart and mind won for the wisdom of adopting the 3LP.  If the idea of non-aggression makes sense to you, we should apply it to everyone consistently, even when they band together to form groups, organizations, corporations, or governments.  To treat them differently from how we treat individuals is to use them as tools to aggress against others. 



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The Yet Unknown Future Issue 


It is safe to say we are not yet aware of all issues that could arise.  However, we can reliably predict future issues will appear that will cause people to disagree.  While I cannot intelligently discuss many aspects of that yet unknown issue, I can now say some things about that issue.  If any person or group violates the 3L Legal Principle, I am against it and support immediately terminating the conduct.  I would further conclude with certainty that yet unknown conduct should be illegal.  On the other hand, if no person or group violates the 3L Legal Principle, I can now conclude that yet unknown conduct ought to be legal.   


I can also further conclude now that, even if we determine the yet unknown conduct should be legal, if it violates the 3L Moral Principle, I would strongly advise against it even as I strongly support its legality.  Even if the yet unknown conduct does not violate the 3L Moral Principle, I may strongly advise against it nonetheless because the behavior may violate another higher moral value I hold on any other conceivable basis I choose.  I expressly reserve the right to peacefully advocate against any conduct I choose, on any basis I prefer, even if I strongly support the legality of that conduct because there is no violation of the 3L Legal Principle.   


Indeed, I relish strongly advocating for the legality of conduct that does not violate the 3L Legal Principle, especially in cases where most people and I strongly advise against or are even repulsed by the behavior.  As in the case of free speech, unpopular and offensive behavior always provide the best opportunities to defend freedom and peace.  After all, this is the only place they must be protected.  As such, I relish any chance to defend peaceful but repulsive conduct with which I disagree and does not violate the 3L Legal Principle.  I am happy to do the “heavy lifting” of defending freedom in hugely unpopular cases.   

   

These situations offer the best opportunity to discuss the critically important issue of how we determine what is legal and illegal.  They also allow us to demonstrate the strength of our commitment to the 3LP.  As previously discussed, these questions, even yet unknown ones, do not turn on my or your personal preferences.  The process by which we think about, analyze, and decide on these issues matters the most.  That a person strongly supports the rights of others to peacefully engage in conduct the person finds immoral, unhealthy, unwise, unwarranted, foolish, or even disgusting is the highest expression of a 3LP attitude and the most transparent case in which to demonstrate that most crucial point.  While discussing yet unknown future issues helps illustrate the all-important framework for how we analyze and decide issues, we have no shortage of current topics to explore.  Let’s endeavor to stay faithful to the 3LP and its derivative 3L Legal and Moral Principles as we go through some of today’s real issues with the same framework.  




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Gambling

Pop quiz: Who should be in charge of making decisions about your money?  You or someone else?   Maybe your neighbors?  Perhaps the majority of voters?  Maybe a group of duly elected legislators?  If you conclude competent adults ought to make all decisions over their own money, we are off to a good start.  Seriously, this is an easy one.   


Gambling is simply wagering something of value on an event with an uncertain outcome hoping to win something else of value.  Assuming competent adults are voluntarily wagering their own peacefully obtained money or other property with other competent adults, it is easy to see there is no violation of the 3L Legal Principle.  After all, competent adults are entitled to live as they choose and be the iron-fisted dictators of their property.  Therefore, they should decide how to use it.  That said, finding no violation of the 3L Legal Principle merely results in a conclusion that the conduct ought to be legal.   

Next question: Is the 3L Moral Principle violated?  I can think of no reason competent adults gambling their own money violates any aspirational value.  The 3LM would therefore take no official position against gambling.   

However, the person genuinely committed to the 3LP remains free to publicly condemn the act of gambling nonetheless and work mightily to peacefully persuade others not to gamble.  This conclusion is proper because people committed to the 3LP may personally decide something about gambling violates their personal higher moral or religious views.  There is no conflict.  We each hold higher moral views that may go far beyond the 3L Moral Principle.  People should always remain free to attempt to persuade others to act differently.  As a person entirely committed to the 3LP, I am not shy about trying to convince you to eat chocolate ice cream while also recognizing you are the final decision maker on all aspects of this decision.  So long as we honor the rights of other competent adults to disregard our advice entirely, we do not violate the 3LP. 


In my many years representing people charged with crimes, I have represented several people charged with felony gambling offenses.  On each occasion, I have found myself defending a peaceful adult who, in some way, merely assisted another competent adult to illegally play poker, slot machines, or another form of mutually agreed upon entertainment.  I am always embarrassed for our criminal justice system as we pretend we are dealing with a real criminal who has committed a serious crime.  I listen to my client sometimes admit guilt to the “serious” crime of peacefully assisting other adults in having a good time with their own money.  I always resist my urge to pause in the middle of the formal court proceeding and say, “Judge, do you realize how ridiculous and unjust of a proceeding you are presiding over right now?”  I mostly bite my tongue.  This utter legal foolishness often ruins precious lives. 

  

Some people irresponsibly gamble money they cannot afford to lose.  Others may become addicted to gambling and develop real problems as a result.  I do not intend to minimize these significant problems.  While this sometimes results in tragedy, and we should peacefully work to help others avoid these consequences, forcefully or coercively acting on peaceful people is never a just or practical solution.  People of good character should stand ready to display voluntary kindness to those genuinely in need, even as a result of their own poor life choices. 

Although we should peacefully strive for the best world possible, we should realize utopia is not an option.  One cost of freedom is that some people will abuse their freedom in ways that work against their own best interests.  People sometimes make bad decisions. That notwithstanding, people do not somehow acquire a right to take control of another competent adult’s money and make decisions over it.  Competent adults, as owners of their money, make those decisions for themselves, even if they opt to make bad decisions. 

None of this justifies trespassing upon or punishing people who have not violated the rights of others.  Further, by living the aspirational values derived from the 3L Moral Principle, we can assist those suffering from poor choices.  As with other issues, concluding an activity ought to be legal is not akin to sending an encouraging message to engage in the activity.  The mere legality of an act should never be viewed as encouragement to engage in the conduct.  Achieving a civilized society requires that adults know the difference between the two critically different concepts.       



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Prostitution

As with all issues, we begin the analysis with the question of whether someone or some group, corporation, or government is violating the 3L Legal Principle.  To begin that analysis, we must first determine who is the owner of the property at the center of the issue.  In the case of prostitution, identifying the property is easy.  Competent adults own their bodies.  As owners of their bodies, they are entitled to make all decisions over their bodies, including who to have sex with and under what circumstances.  If a competent adult voluntarily opts to exchange sex for money with another competent adult who also acts voluntarily, there is no violation of Rule #1.  Whether you or I morally approve of the contract to exchange sex for money between competent adults is irrelevant to the legal analysis.  As with the issue of gambling, finding no violation of the 3L Legal Principle simply results in the conclusion that the conduct ought to be legal.   


The next question is whether someone is violating Rule #2.  As with the issue of gambling, I see no violation of any aspirational value by simply exchanging sex for money between competent adults.  If this is the case, there is no reason for the 3LM to disapprove of prostitution officially.  That is the end of the analysis as far as the 3LM is concerned.     


That said, any member of the 3LM is entirely free to vigorously advocate, via any persuasive means, against prostitution for any reason, including that prostitution violates their higher moral views, their religious views, or they find it distasteful.  Indeed, they have a right to peacefully speak out and work mightily to convince people not to engage in prostitution.  As with all moral issues, all competent adults remain free to ignore them and continue peacefully engaging in prostitution.  Again, this is an easy issue to resolve for the person committed to the 3LP.       


It should be evident that minors and incompetent adults cannot properly engage in such contracts.  Additionally, if anyone violates the 3L Legal Principle, such as when a pimp forces or threatens a woman to engage in prostitution, the law should immediately terminate that conduct and punish the properly convicted pimp.   


As with many other issues, complying with the 3LP yields additional benefits for a free, peaceful, and prosperous society and world.  Where prostitution is legal, both violence and sexually transmitted diseases have waned.1  Legalizing an activity generally moves it from the black market on the street into for-profit businesses competing to serve their customers' needs.  It should not be surprising that prostitution workers and their customers prefer a safe, clean environment free from unnecessary risks.  As with other industries, businesses that do a better job of providing what their customers want at fair prices will be rewarded and will prosper. 


Similarly, businesses that do not are punished and generally disappear.  Like my very religious friend Jacob, while you may strongly morally disagree with the act of voluntary prostitution, if you are committed to the 3LP, you must support its legality.  You are free to hold both positions without contradiction enthusiastically.  Freedom has never been about supporting the rights of other competent adults to do whatever you deem morally appropriate.  On the contrary, a genuinely live and let live attitude is about legally tolerating the rights of other competent adults to do precisely what you would never do, so long as nobody violates the 3L Legal Principle.



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LGBT Issues

Applying the same analysis we employed with the prostitution issue, this is also an easy issue to analyze.  Who competent adults love and choose to spend their time with are their decisions.  When competent adults voluntarily decide to live together, combine resources, pay joint bills, or engage in consensual sex, they do not violate the 3L Legal Principle.  This conclusion remains true even if the competent adults are of the same gender.  As with the issues of gambling and prostitution, there is nothing about this issue that violates any aspect of the aspirational values.  This conclusion is the end of the analysis for the person committed to the 3LP. 


As with gambling and prostitution, a person could recognize the rights of same-sex couples to live their lives as they choose while also holding any position about whether such arrangements are moral overall.  There is no contradiction.  We can say the same about whether another person’s life choices are healthy, wise, or safe.  While these are legitimate inquiries, and we are always free to seek to persuade others, competent adults should be legally allowed to decide for themselves whether to engage in acts that are immoral, unwise, unhealthy, or unsafe to themselves.  Neither freedom nor peace is possible without competent adults having the ability to judge risks to themselves for themselves.  We all engage in countless risky activities to some degree.  Deciding for yourself what activities to engage in is the essence of what it means to own yourself and to live your life. 


People who do not morally approve of how other competent adults opt to live their lives should also not be forced to accommodate any aspect of another person’s choices.  Forcing people to do so would violate the 3L Legal Principle.  All people should be free to believe whatever they want, even foolish things.  We should never force anyone to do business with others for any reason.  This conclusion remains true even if their motives are racist, homophobic, or other irrational ones.  To adopt a contrary position would be to violate the 3L Legal Principle.  We must legally tolerate the foolish but peaceful judgments of others.   


Some religions simply do not recognize same-sex marriages.  People who adhere to these religions, and others for any reason, should not be forced to recognize same-sex marriages.  This conclusion is proper because failing to recognize the marriage of others does not violate the 3L Legal Principle.  We can say the same about someone who refuses to do business with another person.  Because refusing to do business with another person does not violate the 3L Legal Principle, people should be free to refuse to do business with others for no reason or any reason at all, even immoral ones.  Forcing a person to engage in business with another person, even for moral reasons, violates the 3L Legal Principle. Boycotting and peacefully encouraging others to boycott a company with immoral business practices that do not violate the 3L Legal Principle is always an option for the ethically-minded consumer.   


We can quickly and justly resolve the current controversy over whether people who have undergone a gender reassignment surgery should be permitted to use a restroom associated with their preferred gender affiliation by determining who owns the bathroom.  As with all other property, the restroom owner should be the person who decides under what circumstances another person may use their restroom.  Although you and I likely have opinions and preferences about this issue, whether we approve of the rules imposed by a particular bathroom owner regarding who they allow to use their bathroom is irrelevant to the analysis.  We maintain a right to complain about, publicize, or even boycott the owner of the bathroom and any affiliated business.  Recognizing the right of the property owner to make the rule is very different from judging the wisdom, or lack thereof, of the rule, selected.  Property owners should have the right to establish ridiculous, immoral, or unwise rules so long as they do not violate the 3L Legal Principle.   


Recall that while the 3L Moral Principle promotes aspirational values such as open-mindedness, tolerance, voluntary kindness, civility, and rational thought, the person committed to the 3LP opposes importing these moral values into the law.  As such, while the 3LP legally tolerates the nonviolent but morally repugnant white supremacist store owner who refuses to serve the LGBT, the non-white, the Jew, or any other person for any other reason, such a store owner is not a good candidate for the 3LM.   


The 3LM proudly seeks to inspire others to adopt the aspirational values.  While the 3LM intentionally encourages people to act morally, people have the legal right to act immorally so long as they do not violate the 3L Legal Principle.  As with all other people, should the white supremacist, homophobe, or any other person violate the 3L Legal Principle, the law should immediately terminate that conduct and punish the person justly convicted.  


 


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Drugs

By this point in the book, I suspect you realize that resolving these issues employs precisely the same analysis.  If you take a moment to pause and consider the question of drug use for yourself, I expect your analysis will be the same as mine, regardless of how you or I feel about drug use.  You already understand our personal preferences are entirely irrelevant to the analysis.  The entire 3LP analysis is simple, predictable, strictly principled, generally easy to apply, totally just, and has the nice benefit of being the only analysis compatible with a free and peaceful world.   


As you may have already concluded, the issue of drug use is another easy one to resolve.  As with the previous issues, and without any allegiance to any other particular agenda, we honestly seek to determine whether someone is violating the 3L Legal Principle.  The answer to this question always informs us only whether the conduct ought to be legal.  Whether you or I would personally engage in the conduct or actively discourage others from doing so is an entirely different analysis involving the 3L Moral Principle or our personal higher moral judgments based on concepts beyond the scope of the 3LM.           


'With the issue of drug use, there are two pieces of property to consider: the drugs in question and the body in question.  Because competent adults are the iron-fisted dictators of their bodies, they are the sole decision-makers over what substances they ingest.  Assuming the competent adult intending to use the drugs in question voluntarily is either the owner of the drugs or consuming the drugs with the owner’s permission, there is no violation of the 3L Legal Principle.  As such, the conduct ought to be legal.  This conclusion is the end of the legal analysis for the person committed to the 3LP.     


However, like many issues, we could add additional facts that change the analysis.  In any event, we analyze any other facts with the same 3LP-based process. What if the competent adult is ingesting a substance owned by another person without the owner’s permission?  Because people are the iron-fisted dictators of their property, the competent adult consuming another person’s property without the owner’s permission is aggressing against the owner’s property.  While lawyers sometimes refer to this type of aggression as a “trespass to chattels,” most people recognize this type of aggression simply as a “theft.”  With these additional facts, the competent adult is now violating the 3L Legal Principle, and we can conclude this conduct should be illegal.  We would reach the same conclusion if one person ate another person’s lunch without their permission.   

 

What if a competent adult drives a motor vehicle after consuming some drug?  Again, we analyze the new facts with the same 3LP-based process.  Suppose any person is creating a substantial risk of harm to another person or their property by driving a motor vehicle after consuming a drug or for any other reason.  In that case, that person violates the 3L Legal Principle.  As such, the person committed to the 3LP will conclude the conduct should be illegal and terminated immediately.  We generally call this type of conduct “reckless driving," which is already correctly unlawful in most places.           


Of course, if the person ingesting any drug is a minor or an incompetent adult, they should not legally be permitted to make their own decisions about consuming drugs.  Usually, a parent or guardian is empowered to make decisions for the minor or incompetent person.  If the drug user is located on another’s property, the property owner is entitled to determine under what conditions any person can enter or remain on the property.  Property owners are not obligated to allow others to use drugs or to do any other particular thing on their property.  Property owners are the iron-fisted dictators of their property.       


The same analysis applies to all variations of all questions involving the manufacture, transportation, sale, and consumption of all drugs.  While I would, and often do, attempt to dissuade others from using harmful drugs, we should abolish all paternalistic laws calculated to protect competent adults from themselves.  Because such laws coercively control what competent adults are allowed to ingest, they violate the 3L Legal Principle.  Further, such laws are incompatible with a free or peaceful society or world.  It would be difficult to identify any other area of the law that has caused more violence in our world than laws prohibiting competent adults from ingesting certain drugs.


It should also be evident that competent adults who voluntarily decide to use harmful drugs do not have a legitimate right to force others to financially subsidize the negative health consequences of their unwise decisions.  Absent a special relationship like parent-child; no person has a right to live at the expense of another.  The same is true for the consequences of other risky conduct like sky-diving, scuba-diving, riding a motorcycle without a helmet, or even repeatedly overeating unhealthy foods.  Our choices have consequences.  While helping others who unfortunately engage in unwise decisions is morally laudable, forcing people to assist violates the 3L Legal Principle.  There is no better way to encourage responsible behavior than to recognize competent adults legally and financially bear responsibility for their actions.   


I suspect nothing I wrote here surprised you about how the 3L Legal Principle applies to drug use and the drug war.  Regarding the 3LP, this is all that needs to be said.  However, people not entirely committed to the 3LP may be concerned about how such a society could thrive.  Much is written on this subject, arguing we would be better off without the drug laws.xv  As you may expect, a free society is always most desirable for peaceful people who seek to live their best lives.     


When I started practicing criminal law in 1994, I could find few people, even among my fellow criminal defense attorneys, who supported the legalization of marijuana.  People relentlessly confronted me with arguments claiming society would be in ruin if we legalized marijuana.  Fortunately, attitudes on this issue have evolved, and marijuana is now widely available.  The sky has not fallen as predicted.


We should expect the same result from legalizing all drugs.  It would strain logic to imagine legalizing methamphetamine would bring a rush of otherwise competent and productive people wanting to experiment.  We could say the same about most dangerous drugs.  However, those competent adults who desire to experiment are entitled to try whatever they want so long as they do not violate the 3L Legal Principle.  In any event, in a world where all drugs are sold legally to competent adults, we can expect people would engage in those transactions safely and responsibly instead of on the street in the black market, which gives rise to a host of additional, often violent, problems.  We could also free up resources to identify, arrest, and prosecute the small percentage of people who commit the majority of victim crimes.


As a long-time criminal defense attorney who often represents people in federal court on large-scale drug conspiracy cases, I routinely have legally protected and privileged conversations with high-end drug dealers.  Most high-end drug dealers are sophisticated business people operating in an illegal market.  I can tell you with absolute confidence this group of people is most disappointed with the trend toward legalization.  If you oppose legalizing any drug, you are on the same side of the argument as the illegal drug dealers.  Sophisticated drug dealers do not want the drug war to end because they realize their drug dealing days would also end.  If you oppose the dangerous and violent world of the illegal drug trade, simply applying the 3LP is your best weapon. 


<<Back to Issues

Euthanasia

As with several other issues, the property to analyze is a person’s body.  Competent adults own themselves.  To own yourself includes the right to own your life.  As owners of these things, they have the absolute right to make decisions over them.  When a competent adult voluntarily contracts with another competent adult for assistance to terminate their own life, nobody violates the 3L Legal Principle.  As the right to trade also includes the right not to trade, the right to live also includes the right not to live.


As with all other issues, the person genuinely committed to the 3LP retains the right to conclude euthanasia is entirely immoral or unwise and to peacefully advise against it.  It is also important to note that competency remains a prerequisite to exercising the right to make such decisions.  Some people who desire to enter into a euthanasia contract may be depressed or otherwise ill to the point of not being competent.  This problem is an issue of determining competency, which can sometimes be challenging to resolve.  Competency determinations, especially in this area, must be resolved with the utmost care.  However, applying the 3L Legal Principle is simple once the competency issue is appropriately determined. 


In 2020, I lost my dear friend Eric.  As I write these words, I still suffer from the sharp pain of his untimely and horrible death.  Eric was a sophisticated thinker and an honorable man who acted with integrity and lived his life in harmony with the 3LP in all respects.  One day, Eric came to my home and told me about a weird feeling in his leg.  Shortly after that, Eric was diagnosed with a horrible disease referred to as “ALS.”xviii  For the next year, Eric learned everything he could about ALS and explored every possible treatment to no avail.  I stood by helplessly as I witnessed Eric physically deteriorate from a fit athlete to walking with a cane, to being confined to a wheelchair, to struggling mightily merely to move or breathe. 


During the last few days of his life, his mental competency was never in doubt as I struggled to understand his words.  Being fully aware of his fate, Eric reasonably rejected a “life” confined to a bed with multiple tubes in multiple places sustaining him.  During his last days, Eric struggled to inform me that he would prefer to continue living only if he could reasonably maintain his ability to communicate with others effectively.  Eric loved his life and fought mightily to sustain it.  However, when it became apparent he would soon be entirely unable to move or communicate with anyone, Eric knowingly, intelligently, and voluntarily opted to terminate what he carefully and rationally determined to be a pointless existence. 


Eric would have preferred to have said a final goodbye to everyone and to have peacefully ended his life with the assistance of a qualified physician to ensure a relatively quick, painless, and dignified death.  Instead, some people previously decided euthanasia is immoral.  These people forcefully imposed their moral judgment upon everyone through their elected representatives by outlawing euthanasia.  As a result of these people forcing their moral judgments on everyone by importing them into the law, a quick, painless, and dignified death was legally unavailable to Eric. 


As a result, Eric opted to take his own life by shooting himself in the head.  He died alone.  Eric was not only a victim of ALS.  He was also victimized by others who insisted on coercively superseding Eric’s moral judgments about his own life with their own.  They unnecessarily inflicted additional harm upon a peaceful, competent, intelligent, and wonderful fellow human already suffering from a fatal and painful illness.  The wrongfulness of imposing our personal moral views on other peaceful and competent adults was never so wrong and apparent to me. 


Notwithstanding the circumstances of Eric’s untimely death, his passing was graceful and inspiring.  I invite you to learn about my dear friend Eric and his inspiring life story here at www.ericthefun.com and heed his wise advice to live your best life!


<<Back to Issues

Freedom of Speech

As I have previously discussed, people create all governments.  If there were no people, there would be no governments.  People create governments by delegating some of their rights to the government so the government can act on their behalf to exercise their rights.  As such, governments can never have any greater rights than are held by the people who delegate their rights to the government.  Indeed, as I have repeatedly stated, the government should never be allowed to violate the 3L Legal Principle.   


We have good reasons to be concerned about the concept of government.  This concern is why we insist on the separation of powers between the legislative, executive, and judicial functions.  We also insist on various checks and balances among the three distinct branches.  Whatever government does, we demand it affords due process as it acts.  There is appropriately no such requirement for private citizens or companies unless they contract for these provisions.  We properly restrict the government from discriminating based on a variety of different reasons.  We promulgate these rules to restrain the government from exceeding its authority and treating people differently.  However, as discussed in chapter eight, because people with agendas to expand the powers of government are creatively interpreting these provisions, the government has not been restrained.


As with these concepts, the issue of freedom of speech is only relevant to a discussion about what the government is authorized to do.  Laws regarding freedom of speech restrain only the government.  As such, the “right” to freedom of speech is enforceable only against the government.  There is simply no right to freedom of speech on the private property of others or private internet platforms. 

 

Private property owners are entitled to be the iron-fisted dictators of their property.  They decide who may enter or use their private property and how they must act, or what they are allowed to say or not say while they remain.  Private homeowners and businesses of all types retain an absolute right to ban any speech for any reason, even if you strongly disapprove of their decisions.  Each of us enters or uses the private property of others subject to their rules, including the right to ban all aspects of speech, including unreasonable, unfair, or foolish content-based restrictions.


Of course, issues can and do arise regarding determining what is private or public.  Given that we now have government wrongfully issuing special privileges and immunities to favored private corporations, the line between private and public is not always clear.  To resolve this issue, terminate all such special privileges and immunities because they violate the 3L Legal Principle.  We should be extremely hesitant about attempting to redesignate private companies as public ones.  The market of consumers should decide to reward or punish private companies that opt for unreasonable, unfair, or foolish rules in this area.           

  

The right to speak and think freely is at the core of a free society and world.  A free society does not exist when the government censors the content of speech.  Most civilized people generally agree with the idea of speech free from government censorship until they hear speech with which they disagree or personally find offensive.  There is no need to defend the right of a person to say something with which most people agree.  As I have previously stated, opportunities to protect the right to free speech exist only in cases where the speaker is uttering some hugely unpopular, or even horribly offensive, speech.  Unfortunately, this reality usually places the defender of free speech in the position of defending the free speech rights of some racist, sexist, or another similarly ignorant or mean-spirited person with horrible ideas. 


Fortunately, the United States, and many other civilized countries, have a long history and tradition of defending unpopular or offensive speech.xix   This is the price we must pay for a free society and world.  Honorably protecting the indispensable right to speech free from government censorship, including the most unpopular or offensive speech, is entirely unrelated to agreeing with the content of what is said.  Civilized people must always remain aware of the critical difference between the two concepts.  One can, and should, defend the right of a white supremacist to spew some horrible hate speech free from government censorship so long as the speaker is not violating any aspect of the 3L Legal Principle.  As I have previously stated, this is the highest expression of a person truly committed to free speech.  This commitment to defending the right to offensive speech is the heavy lifting of the person genuinely committed to a free world. 


It is important to note that nobody has a right not to be offended by the mere speech of others.  Merely offending another person solely by uttering words never violates the 3L Legal Principle.  There are many ways to discredit or ignore offensive speech peacefully.  Passing laws to outlaw speech we find appalling results in violating the 3L Legal Principle.  However, because offensive speech does not violate the 3L Legal Principle does not mean offensive speech should be encouraged or even permitted on private property.  There is no doubt speech can be used to violate the 3L Moral Principle.  Civility, tolerance, and voluntary kindness towards others remain aspirational values for both the 3LM and the person committed to being the best human possible. 


For the person genuinely committed to the 3LP, some hard questions exist involving whether certain types of speech violate the 3L Legal Principle.  For example, it is appropriate to ban speech to the extent speech is used to perpetrate fraud or coercion.  Reasonable minds can disagree about whether mere speech employed to birth a conspiracy to intentionally violate the 3L Legal Principle, such as a conspiracy to commit murder, is appropriately prohibited.  Typically, some overt act in addition to mere speech is required.  Where exactly hostile speech crosses the line into the crime of “disorderly conduct” is also a matter of some reasonable debate.  Speech intended to inspire others to imminently violate the 3L Legal Principle by inciting a riot has also previously been held not to be protected speech under certain circumstances.xx  This makes sense to the extent such speech actually creates a substantial and imminent risk of initiating force against others. 


Additionally, there exist other aspects of speech that by themselves can violate the 3L Legal Principle.  As an example, a person making a loud speech at 3 am using amplified sound in the middle of a quiet populated neighborhood violates the 3L Legal Principle because of the unreasonable trespass of sound.  Non-content-based restrictions, often called “time, place, or manner restrictions,” are appropriately employed to prevent people from violating the 3L Legal Principle when speaking. 


As with many difficult or complex issues, a bright line, clear-cut, one-size-fits-all approach is often too simple.  That there exist some complex cases at the edges does not overthrow the underlying principle.  However, the basic principle holds that we ought to strictly protect the rights of people to say whatever they want, free from government censorship, so long as they do not violate the 3L Legal Principle.   

 

A free and open marketplace of ideas is the best way for good ideas to gain popularity while exposing the flaws in bad ideas for all to consider and reject.  While we should be proud of legally tolerating even the most offensive speech, we should enthusiastically, rationally, and peacefully challenge and counter such offensive speech wherever and whenever it occurs.  We should recall that phrase we were all taught in kindergarten, “Sticks and stones can break my bones, but words can never hurt me.”  At its core, this phrase reasonably well describes the position of the person committed to the 3LP.


<<Back to Issues

Racism

Racism is an emotionally charged issue.  This emotion is understandable given the world’s history of wars, genocide, slavery, institutional racism, and continuing racial discrimination.  However, as with all issues, we must approach this issue too with cool heads and rational thought.  Given the preceding discussion of free speech, we are well prepared to analyze the issue of racism.  It is primarily a question of free speech.


We approach and analyze the issue of racism precisely the same way we approach every other issue.  So long as nobody violates the 3L Legal Principle, people should be legally free to live however they choose.  This conclusion remains true even when people choose to live in ways we entirely disagree with or even abhor.  Said another way, non-violent racism, while immoral and foolish, must be legally tolerated, and racism that violates the 3L Legal Principle must be terminated immediately and appropriately punished.


  1. Non-Violent Racism


Reasonable and civilized people will readily agree that even non-violent racism is, among other things, entirely immoral.  An example of non-violent racism is merely holding or exclaiming derogatory views about a person or group of people based solely on different immutable characteristics.  While an entirely foolish and immoral position, such a view is consistent with the right to free speech and does not violate the 3L Legal Principle.  People are entitled to believe and say whatever they want about the world, even things that are immoral, ignorant, or entirely wrong, so long as they do not violate the 3L Legal Principle.  While people with such immoral views remain justifiably subject to ridicule from non-racist people, a free society must legally tolerate all non-violent views.  As explained in the previous section, the right to free speech is always defended at the edges and usually in the domain of the most unpopular speech. 


Another example of non-violent racism is refusing to do business with another person solely because of some immutable characteristic or lifestyle choice.  While a foolish position for many reasons, the fact remains that nobody properly has a legal right to do business with another person.  Refusing to do business with another person, even for racist reasons, does not violate the 3L Legal Principle.  As in the case of free speech, tolerating peaceful racists, even when they refuse to do business with others for foolish reasons, is the price we pay for a free society.  People must be free to live their lives, even in ways we abhor, so long as they do not violate the 3L Legal Principle, even as they violate the 3L Moral Principle.  In response, civilized people should work to inspire them to be more open-minded, tolerant, and kind towards others. 


That racist business owners should be legally permitted to refuse service to others on any basis they choose does not relieve them from the serious social and market consequences of their decisions.  Especially in today’s world, where information is so readily accessible via the internet, it should be easy to determine which businesses refuse service based on immoral reasons.  Because civilized people of moral conscience would be highly motivated to boycott all such racist-owned companies, the consequences of voluntarily adopting such racist business practices would likely be a market-driven death sentence for the racist business. 


Encouraging racists to come out of the closet will produce a cleansing light of publicity upon such views.  A virtuous society cannot be mandated.  However, when civilized consumers in a community intentionally pass judgment on a racist business by using voluntary market forces to boycott publicly, the virtue of that society is readily apparent and effective.  Utilizing voluntary market forces and social disapproval are proper and quite effective ways to attempt to eradicate non-violent racism in a free society.  Trying to eliminate non-violent racism by force or coercion is ineffective and violates the 3L Legal Principle.  As non-violent racism violates the 3L Moral Principle, such a non-violent racist is not a good candidate to join the 3LM.  That said, we should work mightily to persuade such a person to discard their foolish views and adopt more reasonable ones.     


  1. Violent Racism


While a free society legally tolerates non-violent racist views, if those racist views materialize into a violation of the 3L Legal Principle, then that violation should immediately be terminated and prosecuted.  Striking or pushing another person or trespassing upon another’s property is always a violation of the 3L Legal Principle.  Also, engaging in any conduct that results in a substantial threat of harm to another person or their property also amounts to a violation of the 3L Legal Principle.  The right to free speech never justifies any violation of the 3L Legal Principle, however slight.  While the non-violent racist should enjoy the same legal protections as any other non-violent person, we should treat the violent racist like anyone else who violates the 3L Legal Principle. 


  1. Reparations


Adhering to the 3LP and its derivative 3L Legal Principle requires that we strictly protect property rights in all cases.  The rightful owner of any property is always the person who should control that property.  The issue of reparations is primarily a factual question about determining who is genuinely the rightful owner of the property.  Determining who is the rightful owner of the property can sometimes be challenging.


All claims and disputes about property ownership ought to be treated the same way without regard to race, sexual orientation, physical disability, nationality, citizenship, ethnicity, or any other immutable characteristic.  The rightful owner of any property ought to have legal possession in all cases.  Therefore, if a person claims another person is wrongfully in possession of their property, we should peacefully and rationally settle that dispute as we settle any other.  Fortunately, as will be discussed later in this chapter, there already exist well-established rules in property and tort law, as well as rules of how we conduct trials, to resolve such disputes fairly.  The person who claims they are legally entitled to some particular item of property, personal or real, should be allowed to bring a claim in court to resolve the dispute fairly.  Courts are generally well equipped to resolve such claims.


However, generalized and non-specific claims against groups of people sought to be enforced against innocent people should always be rejected.  Courts also properly reject claims when damages are speculative.  There is no doubt history is replete with all manner of unjust acts committed against countless people for countless unjustified reasons.  Unfortunately, the history of humanity is not a study of kindness or fairness.  Indeed, all nations, religions, groups, and even people have suffered aggression.  In this regard, nobody has lived a perfect life.  Attempting to remedy past injustice by inflicting current injustice on innocent people only adds to the injustice.  It also violates the 3L Legal Principle.  People should be held accountable for their actions.  However, people are not legitimately responsible for the crimes of their ancestors or even their parents or siblings.  Punishing people for their immutable characteristics because other people with those immutable characteristics previously violated the 3L Legal Principle is entirely unjust and racist and violates the 3L Legal Principle. 


On the other hand, if it can be appropriately proven in court that somebody wrongfully dispossessed the rightful owner of their property and that such property is currently in the possession of another person, the law should remedy that situation by either returning the property to the rightful owner or awarding damages.  For example, if a rightful heir can prove his great-great grandfather’s watch was stolen and is currently in another’s possession, the heir should be awarded legal possession.  While the current watch owner may have a claim against another person for damages, if the heir has a higher claim to the watch, then the heir should have legal possession of the property.  The same analysis applies to real property.  Concern about whether a seller has legitimate title to a property is precisely why many real property buyers intelligently secure title insurance. 

   

Slavery is an evil that previously existed in many countries and persists today in some places.  It did not originate in the United States.  Tragically, many groups of people have suffered institutionalized injustice in many countries throughout human history. xxi  The reality of past slavery and institutionalized racism in the United States, or any other place in the world, is a fact that we should not ignore.  To the extent we can accurately identify wrongfully appropriated property by employing the same legal rules we apply to any other case, courts should right the wrong by returning that property to the rightful owner. 


  1. Conclusion 


Like every other issue, we analyze racism in the context of whether someone is violating the 3L Legal Principle.  Whether someone is violating the 3L Moral Principle and what to do about it are matters resolved outside the law, as with all other moral questions.  The 3LM seeks to inspire people to comply with the 3L Moral Principle rather than to import those values into the law.  Whether a racist violates the 3L Legal Principle entirely resolves the legal question. 


To be clear, the aspirational values of the 3L Moral Principle and the 3LM are incompatible with any form of racism, whether public or private.  The 3LM actively seeks to achieve a world where all people are judged by the content of their character rather than by their immutable characteristics or peaceful lifestyle choices.  However, we can only genuinely achieve this goal through rational and persuasive conversation, not coercive legal mandates.  We cannot achieve a peaceful society unless and until we evolve past the irrational, ignorant, and immature views that lead to a desire to disassociate from another person based on immutable characteristics or peaceful lifestyle choices. 


<<Back to Issues

Freedom Of and From Religion

Competent adults should be free to believe and do whatever they want so long as they do not violate the 3L Legal Principle.  That what they believe falls into the category of religion is irrelevant.  The entire issue of separation of church and state becomes mostly irrelevant if we simply adhere to the 3L Legal Principle.  Many people champion a strong separation of church and state because they either fear the state will forcefully impose religious mandates on those who reject those mandates or fear the state will forcefully prevent religious people from peacefully practicing their particular religion.  Simply adhering to the 3L Legal Principle resolves both reasonable concerns. 


Competent adults should be allowed to peacefully exercise their religious views, whether they adhere to a majority religion or a minority religion, without interference from anyone.  Likewise, atheists, agnostics, and other nonbelievers also have an absolute right to entirely reject, and be free from, all religions or any belief in any god so long as they are peaceful.  Like everyone else, nonbelievers have a right to be left alone and live as they please so long as they do not violate the 3L Legal Principle.  As in the case of defending the rights of others to engage in offensive speech or non-violent racism peacefully, a genuine commitment to the 3LP is evident when non-believers zealously defend the peaceful rights of believers and vice versa.  Such mutual respect for the views of others is a prerequisite to having any effective free exchange of ideas and discussion on this subject in any event.


That a person interprets their religion to require them to violate the 3L Legal Principle should also be irrelevant to the law.  The law should never permit anyone to violate the 3L Legal Principle for any reason, including religious or non-religious ones.  People of faith and people of no faith should be treated equally under the law.  No special rights should exist for any person, group, organization, or government. 


Our goal should always be to enforce the 3L Legal Principle in a just, reasonable, and fair manner while always affording due process.  The government’s role is not to mandate or even send messages regarding what to believe or how to run our lives properly.  While private citizens are free to peacefully advocate for and do what they please with their bodies, property, money, and time, the government should remain officially neutral on the issue of religiosity generally.  While people remain free to attempt to persuade others to adopt their particular beliefs, coercion consistently violates the 3L Legal Principle and must be strictly prohibited by law.     


<<Back to Issues

Firearms, Other Weapons, and Dangerous Substances

As with all other issues, whether one likes or dislikes firearms and other weapons and whether one opts to possess or refuses to possess them is irrelevant to the question of what laws are proper.  We get the appropriate answer if we fairly, reasonably, and honestly determine whether someone is violating the 3L Legal Principle.  Stated simply, if a person, even a person possessing a firearm, is not violating the 3L Legal Principle, that person should be left alone.  We are not addressing moral questions with this analysis.  As usual, the relevant initial inquiry is always whether someone is violating the 3L Legal Principle. 


Using a firearm or other weapon to substantially threaten or pose a risk to, or to initiate, force, fraud, or coercion upon another person violates the 3L Legal Principle and should therefore always be outlawed.  Under such circumstances, it is justifiable to immediately and forcibly take the item away from anyone.  We generally refer to this circumstance as either self-defense or defense of others. 


It is generally easy to identify a situation where a person uses a firearm or other weapon to initiate force, fraud, or coercion.  Armed robbery is an obvious example.  These uses of a firearm or weapon consistently violate the 3L Legal Principle and should remain illegal.  On the other hand, correctly ascertaining the circumstances under which a person poses a substantial threat or risk with a firearm or another weapon is sometimes a more complex inquiry.  There are three categories of ways a person could present a substantial threat or risk of initiating force merely by possessing a firearm, weapon, or other dangerous substance: 


Category One – History of Violating Rule #1 - The 3L Legal Principle


Some people have a well-documented history of violating Rule #1, so their mere possession of a firearm or other weapon automatically equates to a substantial threat or risk of initiation of force.  We generally call these people “violent felons.”  There may also be a point at which a substantial history of misdemeanor assaults may lead to the same conclusion.  It is important to note that not all convicted felons are violent felons.  A person could be appropriately convicted of felony theft or any other non-violent felony crime, such that possessing a firearm or other weapon does not pose a substantial threat or risk of violating the 3L Legal Principle.  As such, a non-violent felony conviction is insufficient to ban a person from possessing firearms or other weapons. 


For the same reason we can properly deny the right to drive to habitual drunk drivers who have repeatedly subjected others to substantial risks arising from their reckless driving, we can properly deny firearms and other weapons to violent felons.  Therefore, at some point, when a person is a well-documented violator of the 3L Legal Principle with violence, we can reasonably conclude such a person poses a substantial risk merely by possessing a firearm or other weapon.  Exactly where that point occurs is one of those many areas where reasonable minds, equally committed to the 3LP, can disagree. 


Additionally, under what circumstances such a person is rehabilitated and no longer poses a substantial risk of violating the 3L Legal Principle merely by possessing a firearm or other weapon is also an area where reasonable minds can disagree.  If a convicted violent felon no longer poses a substantial risk of violating the 3L Legal Principle, it would no longer be justified to prohibit such a person from possessing a firearm.  We should leave these determinations to local communities to reasonably decide. 

 

We should acknowledge that some people tell us in advance of their intentions to violate the 3L Legal Principle with a firearm or other weapon.  Assuming such threats are provable, credible, imminent, and substantial, we should take such people at their word.  Therefore, when people credibly announce their violent intentions, they create a substantial threat or risk which violates the 3L Legal Principle.  For example, if a firearms owner reveals an actual intent on social media to commit mass murder with a firearm the next day, few would complain if we immediately rendered that person unable to commit such an act.  We do not need to wait for an actual violation of the 3L Legal Principle if sufficient evidence exists to act now.  Acting to prevent harm from occurring is the very nature of self-defense.       


To be clear, I do not propose too loose of a standard to declare responsible people substantial threats or risks.  However, we should concede certain appropriate circumstances exist for immediate action.  Due process requires that when such an accusation arises, it must be proven in court by the accuser with substantial evidence.  As with all allegations, the accused must have a prompt, complete, and fair opportunity to defend while the burden of proof remains firmly on the accuser.  If the accusation is not proven, we should immediately return the accused to their original status without cost to the accused.  Admittedly, this is not an area for bright-line rules, and we must tread carefully before people are interfered with, or we risk violating the 3L Legal Principle in the process.   


Merely because reasonable minds can disagree on precisely when a person can be deemed a “substantial threat or risk” solely by possessing a firearm or other weapon is not a reason to abandon the 3LP.  Local communities can and do come to different reasonable conclusions about these issues.  That said, the point remains that the scope of the right to keep and bear arms does not necessarily permit possession of firearms or other weapons for the properly convicted violent felon or for those who imminently intend to achieve such a status.       

   

Category Two – Mental Incompetence 


Similar to the category including violent felons, another group of people does not have a right to keep and bear arms because their mere possession of a firearm, another weapon, or dangerous substance violates the 3L Legal Principle because they pose a substantial risk of harm to others.  Possession of a firearm, another weapon, or any dangerous substance is a right that requires specific serious legal responsibilities.  In a free society, competent adults are entitled to do as they wish with their property, but only so long as they do not infringe on the rights of others to be left alone.  Posing a substantial risk of harm to another person for any reason infringes on that right.

 

Responsible and safe possession of firearms, other weapons, and dangerous substances requires mental competency.  Because a four-year-old child does not possess the mental competency needed to have these items, we can legally prohibit such a child from keeping and bearing any of these items.  Likewise, certain adults who suffer from specific types of mental illness or injury also lack the required mental competency for responsible and safe possession of these items.   


In addition to age and certain types of mental illness or injury, temporary conditions such as drunkenness deprive an otherwise competent person of the minimum level of competency to possess firearms, other weapons, or dangerous substances safely.  As with the violent felon category, reasonable minds can disagree on what constitutes sufficient mental competency.  As such, different local communities should be allowed to come to different reasonable conclusions in this area.  There ought to be an appropriate process for determining if and when such deficiencies in mental competency are sufficiently restored.  Nonetheless, the law should legally prohibit people who lack sufficient mental competency to safely possess firearms, other weapons, or dangerous substances from having those items.   

Category Three – Technical Incompetence 


As with the other two categories, the issue is whether the mere possession of a firearm, another weapon, or dangerous substance violates the 3L Legal Principle because the person poses a substantial threat or risk of harm to another person or their property.  Considering the universe of firearms, weapons, and dangerous substances, it should be evident that mere possession of some of these items requires a higher degree of technical competence to possess, store, or use such that we do not subject others to a substantial risk of being harmed.  Said another way, if a person is entirely ignorant about the nature of the firearm, another weapon, or a dangerous substance, its capabilities, or how to store and use it safely, we can reasonably conclude such a person poses a substantial risk to others by simply possessing the item without appropriate supervision.


For example, the technical competence required to safely operate and store a simple revolver differs from that needed for a fully automatic belt-fed .50 caliber machine gun.  While a local community may or may not opt to require a simple class as a prerequisite to owning a basic revolver, we should reasonably expect more extensive training and certification will be required to possess the automatic machine gun.  As the weapons get more complex and capable of more significant harm to more people at greater distances, a higher level of technical competency and more detailed storage requirements are required.  We can say the same for dangerous chemicals or explosives. 


For example, it may be entirely appropriate to require that before any person possesses a fully automatic weapon, that person must present a valid certificate reflecting proper training from a reputable training organization before we can reasonably conclude mere possession of that weapon does not violate the 3L Legal Principle.  As with the other two categories, reasonable people can disagree on precisely what level of technical competence is required to possess the item such that there is no substantial risk of harming others or their property.  We should expect slightly different but reasonable rules in various local communities in this area. 


It is important to note that the requirement of proper competency to possess certain firearms, other weapons, and dangerous substances should never be used as a ruse to simply ban these items by people not committed to a proper application of the 3LP.  As such, unreasonable competency requirements that act to deny legal possession to adequately qualified people who do not pose substantial risks consistently violate the 3L Legal Principle.  Nevertheless, the fact remains that some technical competence for each item is necessary to avoid posing a substantial risk of harming others.  As such, the right to keep and bear arms does not encompass the person who lacks the sufficient technical competency to safely possess, store, or operate a firearm, any other weapon, or dangerous substance.   

Conclusion 


As I have pointed out, different local communities will predictably fashion different reasonable policies on these issues for various reasons.  We should acknowledge different risk assessments and risk tolerances in dense city areas compared to rural ones.  As we reasonably apply the 3LP to difficult or complex issues, we should welcome a free market of competing legal rules that will ultimately result in the most just and effective ones prevailing and spreading throughout our country and the world.  Indeed, this is the best way to find the most influential freedom and peace-promoting policies, rules, and laws in those areas where reasonable minds equally committed to the 3LP disagree about how best to apply it.   

  

No policy, rule, or law will create a utopia, but the impossibility of a utopia should not undermine our dedication to creating a 3LP-based society.  While it is true that laws against murder do not, and will never, eliminate murders, this reality does not mean we ought to abandon laws against murder.  Likewise, laws restricting the possession of firearms, other weapons, and dangerous substances in appropriate circumstances, such as the three categories described above, will not prevent all misuse of those items. Nonetheless, we ought to employ our best efforts to keep these items out of the hands of the people in the three groups described above.  As a criminal defense attorney for almost thirty years, I have personally witnessed prohibited possessor laws keep firearms out of the hands of some such people.  That fact alone makes an effort worthwhile.   

 

If we are serious about attempting to keep firearms, other weapons, and dangerous chemicals away from people whose mere possession of them violates the 3L Legal Principle, failure to attempt to ascertain whether a potential buyer is such a prohibited person completely undermines that effort.  As such, instant and effective background checks make sense at the time of purchase.  There are different ways to accomplish background checks.  We could utilize privately run background checks that do not involve the government.  Alternatively, reviewing a coordinated and current list of people specifically prohibited from possessing these items could be sufficient to resolve any background check for those in either Category One or Category Two.  If the potential purchaser’s name is not on the list of prohibited possessors, the seller could reasonably assume there is no prohibition.  As such, there would be no need for a full or traditional background check of any individual in any event.  Regarding Category Three, because different levels of technical competence are required depending on the item to be purchased, local communities will need to create reasonable standards to demonstrate such competence. 


Finally, certain nuclear, biological, or chemical weapons may, because of their mere existence, pose a substantial threat of harming others under any circumstances.  As such, legally banning them may be consistent with the 3L Legal Principle.  When assessing whether a given set of circumstances constitutes a “substantial threat” such that the 3L Legal Principle is violated, we should always consider both the likelihood of the harm occurring and the magnitude of harm that would happen if the threat materialized.  For example, even in a circumstance with a low possibility of accidental use, the mere existence of a weapon capable of destroying much of the entire world would likely constitute a substantial threat such that it violates the 3L Legal Principle is violated. 

 

Additionally, given that many, if not all, nuclear, biological, and chemical weapons cannot be utilized solely in a defensive or targeted way only to affect aggressors, it could be argued they necessarily always violate the 3L Legal Principle with every use.  We could uniformly ban such weapons entirely for this reason alone.xxii  This is an area worthy of much more analysis.  I do not intend to resolve these complex issues here.   


As with the issue of free speech, it is essential to point out that, in a free society, property owners remain free to ban whatever guns, weapons, or dangerous items they see fit to ban without consulting anyone else or even attempting to justify their reasons for doing so.  As homeowners and business owners are free to restrict what they want, others remain free to refuse to do business with them, to non-violently picket, or even loudly voice their disagreement with such policies.  These are the consequences of a free society.     


Moreover, people remain free to contract with each other to voluntarily and mutually prohibit any or all guns, weapons, or dangerous substances they see fit.  Indeed, homeowners’ associations can and do currently have such policies on guns, weapons, other hazardous substances, and many other things, much to the frustration of many people, including me.  They are entitled to do so.  There is more than one way to reasonably interpret and implement the 3LP, and reasonable minds can and do disagree.  However, carefully reasoning from the correct principle is the crucial starting point for the analysis.   


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War

War is the absolute worst expression of humanity.  Given our technology today, almost any war can result in the mass murder of innocent people.  While there may exist arguments to mitigate punishment in certain cases, any harm to any innocent person is always unjustified and deserving of legal consequences for the aggressor.  We must urgently coalesce around a firm commitment to avoid all wars.  The best way to accomplish this goal is to convince the reasonable people of the world to accept and live in accordance with the 3LP.  War cannot occur without someone or some government resorting to the initiation of aggression.  We should always employ reason and conversation as our best tools to avoid all physical disputes.   


However, we should expect there will always be people who will initiate force.  The existence of aggressors is simply an unfortunate reality of the world.  Ordinary principles of self-defense apply to such situations.  It is always appropriate to use proportional force defensively in response to another’s substantial and imminent threat of, or actual initiation of, force.  However, using force against a person who has not violated the 3L Legal Principle is never permissible.  Nor is it ever acceptable to use more force than necessary to repel another’s aggression, as that would violate the 3L Legal Principle.  As such, it is hard to imagine a justified use of a weapon of mass destruction.  By their very nature, such weapons always initiate force against non-aggressors when used anywhere on Earth.   


The reasonable people of the world should immediately insist that all governments urgently find ways to negotiate and enter into reasonable, enforceable, and verifiable agreements requiring all countries to reduce and quickly abolish virtually all weapons of mass destruction.  The very existence of humanity should never depend on the reasonableness of any person’s judgment, nor should it hinge on the perpetual avoidance of a single horrible accident.   


Unfortunately, there may be times when defensive physical force is necessary on a governmental level in response to either an imminent threat or actual use of force by another hostile government or group of people.  The self-defense analysis on a governmental level is identical to the self-defense analysis on an individual level.  There is never a justification to use force against innocent citizens living under the rule of a hostile government threatening or initiating force.  Therefore, there may be a proper occasion for a strictly limited and targeted defensive use of force against individuals controlling the mechanisms of a hostile government violating the 3L Legal Principle or any of its instrumentalities.   


Questions about using force on a government level are often complex and especially fact-intensive.  As such, we cannot thoroughly analyze and discuss this issue in a short section of this book.  There may be occasions when governmental force, or force used in a coordinated manner by a private defense agency or agencies, can be appropriately employed as a defensive measure consistently with the 3L Legal Principle.  Such force should always be a last resort, strictly proportional, and intentionally directed carefully at legitimate targets only.  Such force is consistent with the 3L Legal Principle only when a genuine imminent and substantial threat exists.  It may suffice to say that whatever the factual scenario, we must always carefully reason through the issue with the goal of avoiding physical force and with a strict allegiance to the proper application of the 3LP in all cases.  We should always employ open-mindedness, tolerance, civility, and reason in our best efforts to avoid physical force while also being cognizant that force is sometimes necessary to repel determined aggressors.   


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Taxation

Competent adults are free to spend their money on any charitable or noncharitable purpose they choose.  They should also be free not to spend any money at all.  Many people already voluntarily spend their money to help others.  While voluntary kindness is an essential ethical aspirational value in a civilized and virtuous society, forced kindness is not.  We should strongly encourage and highly value voluntary kindness towards those less fortunate than ourselves. 

As standards of living rise and people become wealthier, we should expect more people to voluntarily spend their money on those less fortunate.xxiii  There are many opportunities to willingly help those less fortunate.  The 3LM strongly encourages people to spend some of their money on charitable causes voluntarily.  Although I have preferences about how you should spend your money, because you are the iron-fisted dictator of all your money, I recognize this is appropriately and entirely your decision.  I acknowledge your right to live your life however you please so long as you do not violate the 3L Legal Principle. 

We always begin the analysis by identifying the property at issue and analyzing the 3L Legal Principle.  It is almost too obvious a point to restate that no person, group, organization, or government has a legitimate right to appropriate another person's money without their consent.  Taking the property of a peaceful person without their permission violates the 3L Legal Principle.  This concept is precisely why civilized people agree theft is a crime.  We all learned this rule in kindergarten.  It was a good rule then, and it remains a valid one now for the same reasons.  For all the reasons previously discussed, there is nothing different about this analysis, even if we contemplate a group, corporation, or government engaging in the theft.  Theft remains wrong regardless of who or what entity is acting. 

As with all issues, we should commit to being honest about what is occurring.  That many people re-label the involuntary appropriation of another’s property “taxation” instead of “theft” or “robbery” does not change the nature of the act.  The word we use to describe an act is irrelevant to the nature and the analysis of how the 3L Legal Principle applies.  Simply referring to theft as “taxation” is akin to merely putting lipstick on a pig.  Like a rose, theft by any other name remains theft.  Taxation is simply taking another’s money without their permission.  Taking another’s money without permission is among the most straightforward problems to analyze. 

It is difficult for me to imagine you could sufficiently deceive yourself to sincerely conclude taxation is genuinely voluntary.  However, if you believe taxes are voluntary, you could effectively test your conclusion by refusing to pay them.  A fair test will quickly resolve your confusion.  I do not recommend you run the test because the government will eventually seize your bank accounts and involuntarily take your money.  I have repeatedly had the sad experience of formally representing people charged with felony crimes because they erroneously asserted taxes are voluntary.  The government will undoubtedly initiate whatever force is necessary to obtain your money.  You may be imprisoned for tax evasion if the government determines you willfully failed to pay your imposed taxes.  If you run this test, you will find out the hard way there is nothing voluntary about taxation.  We should not pretend otherwise.   

That the majority may agree with the idea of taxation also changes nothing about the analysis.  Theft remains wrong even if most people voluntarily agree to appropriate the property of a person who does not consent.  Even if a full, free, and fair election is held on the point, and the majority votes to approve the theft, any theft still remains wrong.  Does wrong become right if the majority agrees to engage in the wrong?  What if a majority of kindergarten kids fairly vote to forcefully take the toy of one of their classmates?   

That you are free to leave the jurisdiction does not change the analysis.  That people are free to run away from a thief and thereby possibly escape the theft does not justify the theft for those victims who choose to stand their ground despite the option to flee.  Should the kindergarten teacher advise the children in class if they do not want their toys forcefully taken by the majority of other children in the class, the proper solution is to move to a different class or leave the school?     

Even if we dress up the thief in a fancy uniform, affix a shiny badge, and create complex schedules and rules to determine how much money to coercively appropriate based on a progressive graduated income scale, theft is still wrong.  Even if we use the proceeds of the theft for truly important charitable purposes, theft remains wrong nonetheless.  Taxation is simply legalized theft on a governmental level.  There is no way to justify taxation as consistent with the 3L Legal Principle.  Upon concluding that another’s money is appropriated without their consent, this is the end of the analysis for the person committed to the 3LP. 

I suspect you are wondering how we could realize and maintain a civilized society without taxation.  You may also be wondering how the less fortunate among us would fare without taxation and the various assistance programs taxation funds.  I suspect that, before the abolition of slavery, many slave owners, when confronted with the issue of ending slavery, similarly wondered who would pick the cotton if slavery was abolished.  There should be no doubt that some slave owners opposed ending slavery out of a concern that the cotton would go unpicked.  Indeed, many people opposed ending slavery based on economic considerations.  I expect slave owners argued that many other bad consequences would befall us if slavery were outlawed.   

While slavery and property theft are obviously not equivalent evils, the point remains the same.  Even if ending slavery would result in the cotton going unpicked and other harmful economic consequences, this would be no reason to continue the practice of slavery.  Slavery violates the 3L Legal Principle.  That slavery violates the 3LP is the end of the analysis for the person committed to the 3LP.  The same is true for the issue of taxation.  Even if we were to suffer various negative consequences as a result of ending the practice of taxation, continuing to appropriate the money of others without their permission coercively remains wrong and should be outlawed because it violates the 3L Legal Principle.               

Fortunately, we can achieve a peaceful, prosperous, and civilized world without taxation.  Indeed, there is no other way to achieve it.  We cannot steal our way to peace, prosperity, or a civilized world.  We must earn such a society by opposing all violations of the 3L Legal Principle.  The good news is we can effectively help those who are less fortunate, as well as achieve many other important moral goals, without resorting to taxation.  We can effectively and happily live our lives while only engaging in voluntary transactions with others.  We should never accept that living peacefully requires us to sometimes engage in involuntary transactions with others.  On the contrary, if we are ever going to live in peace, we must legally ban all involuntary transactions.     

To these points, we already have substantial evidence.  We should have firm confidence in the willingness of civilized people to engage in voluntary kindness towards others.  Despite the high level of legalized theft disguised as “taxation” in our world, most people remain charitable.  Private philanthropy in the United States currently equals 1.44% of GDP.xxiv Approximately 91% of wealthy households donate to charity.xxv  Research shows as people increase their wealth, they donate a higher percentage of their income to charity.xxvi 

In 2017, Americans voluntarily donated 410 billion dollars to charity.xxvii  Despite the negative connotations towards people often described as “filthy rich,” fabulously wealthy people regularly, generously, and voluntarily donate to charity.  In 2018, Warren Buffet alone donated 3.4 billion dollars.xxviii  The same year, Bill Gates donated 2.5 billion,xxix Michael Bloomberg donated 767 million,xxx Mark Zuckerberg donated 410 million,xxxi and Jeff Bezos donated 131 million.xxxii  Even considering the current heavy burden of taxation, many people remain inclined to voluntarily donate additional money to help those less fortunate.  People of goodwill recognize helping others is the right thing to do.xxxiii 

  Further, it is reasonable to expect the current level of voluntary kindness will rise if people cease to be constant theft victims at the hands of governments.  In a growing free market of charities, we should expect more efficient charities too.  Without taxation to force people to help others, charitable organizations would undoubtedly take on an even more critical role.  As the competitive market of charitable organizations grows, we should expect an even better selection of philanthropic organizations more focused on delivering assistance to people and places as determined by their donors.  Competition would weed out bad charities and reward the best ones.  Without taxation, we would be left with a wide selection of ever-evolving, highly efficient, market-responsive charitable organizations far exceeding what we have today. 

You may be thinking about all the important goals you imagine we will not be able to achieve without legalized theft.  Even if this were true, it would not cause me to abandon my firm commitment to the 3LP.  Initiating aggression against others is never an effective, just, or long-term solution to any problem.  If legalized theft were a good solution, it would have eliminated our problems long ago.  Even if you cannot currently envision solutions to problems resulting from eliminating legalized theft, would this cause you to abandon your commitment to the 3LP and support initiations of aggression?  I hope not.   

Fortunately, most of what you likely envision as problematic has already successfully been provided or is available now, without legalized theft.  There are many examples of private charities, private roads, private police services, private fire services, private arbitration services, private parks, and countless private utility companies that provide services to people who voluntarily pay for those services at reasonable market prices.  It would be difficult to imagine a needed service that would long remain unavailable to people willing to pay a fair market price for that service.  Unfulfilled market needs are exactly what successful entrepreneurs are constantly searching to find.

Even without legalized theft, there are many ways to raise money to fund needed services voluntarily, even for those who currently cannot afford the service and would not be supported by the voluntary kindness of others.  To be fair, we should expect that as standards of living rise, as they always do in a free society, there will be fewer and fewer people who simply cannot afford essential services.  Rather than merely think about eliminating taxes in a vacuum, it is more appropriate to consider removing taxes in the context of a revolutionary paradigm shift to a more free, just, and prosperous society and world for everyone. 

If we eliminated taxes, that incredibly vast amount of money that would have gone to the government to inefficiently spend on politically motivated programs would not simply disappear from the economy.  Instead, that same incredibly vast amount of money would become immediately available for the owners of that money to start or expand businesses, invest, or simply spend on the consumer goods and services of their choice, such as increased security, better quality education for their children, better quality food, or merely a better family vacation.  Such expenditures contribute to a more robust economy that benefits both rich and poor.  Even when a billionaire purchases a giant yacht, the billionaire inadvertently helps the less fortunate low-income workers who manufacture, sell, and service the yacht, along with many other low-wage workers whose jobs depend on such transactions.   

Even if the owners of that incredibly vast amount of money simply park their money in the bank, thereby increasing the supply of money available for banks to lend at lower interest rates, this also helps contribute to a more robust economy for everyone.  It is simply an error to imagine that eliminating legalized theft would remove even one dime from the economy.  Instead, the same amount of money would flow more efficiently according to the preferences of the owners of the money rather than from inefficient political decision-making. 

We already have mechanisms to voluntarily fund essential services that we could expand upon.  Creative packaging of insurance benefits and homeowner associations are familiar sources to voluntarily fund essential services.  People routinely agree now to privately fund joint projects like private parks, private roads, private security, and even essential utilities via voluntary agreements when they purchase a property.  Consider that Disney World is a private, for-profit amusement park with privatized everything.  It is also allegedly the happiest place on Earth.     

There are several legitimate ways to generate money to fund needed services for people who cannot afford them.  Because we can reliably predict some people will intentionally violate the 3L Legal Principle, those who have been appropriately convicted of crimes can, among other sanctions, be adequately assessed fines and fees as punishment for those crimes.  We could also levy fines on people and corporations that commit civil violations such as negligent trespasses that spread pollution.  We could use this source of revenue to fund essential services as needed and to fund the substantially smaller, far less expensive justice system required in a 3LP-compatible world.     

Additionally, the federal government alone currently owns over 25% of the total land mass in the United States.xxxiv  If we consider state-owned lands, government-owned land in the United States exceeds 37% of all land.xxxv  Much of this government-owned land is exceedingly valuable.  It would be easy to imagine the government could sell some or all of this valuable land to the highest bidders with appropriate restrictive covenants to preserve and protect the valuable lands.  As with any person hopelessly in debt, selling assets to retire debt can be an excellent first step to correcting a bad financial situation. 

In a free market, land generally rises to its highest and best use.  As such, there is no reason to fear or legally ban a pig farm from being established on Las Vegas Boulevard or Rodeo Drive in Beverly Hills.  Because of the strong demand for this valuable property, the purchase price is simply too high to justify a pig farm that could easily be located on a much less expensive piece of land elsewhere.  Although we both have preferences, neither of us can likely determine the highest and best use for any particular land.  This determination is for the market of individual people or groups of people who would seek to own the property in question.  Many people would prefer the Grand Canyon to remain completely undeveloped forever.  However, other people may prefer to enjoy a formal dinner while listening to live music at some beautiful resort located at the edge of the Grand Canyon.  There is no need to employ or threaten force to resolve this issue.     

If plots of land at the Grand Canyon were for sale, we could anticipate a bidding war from different groups seeking to own those plots for various purposes.  Groups seeking to purchase land at the Grand Canyon could solicit investors to raise the necessary funds to win the bidding war and thereby decide how best to use that land.  As with all property, how to use it is always a question for the owners, whether that is an individual, the community, a group of people, an organization, or a corporation. 

In any event, privately owned valuable land is historically and routinely well kept.  Uniquely rare land, such as the Grand Canyon, is often protected with reasonable and responsible restrictive covenants.  There is no cause to fret about an evil corporation seeking to buy such appropriately expensive land for a purpose unrelated to utilizing the beauty and uniqueness of the quite valuable property.  Otherwise, there is much less valuable land available.  Imagine if we intelligently invested the substantial proceeds raised due to the government selling these valuable lands to the highest bidders in conservative, reliable interest-bearing accounts.  The interest alone could be sufficient to fund certain essential services in perpetuity. 

We could also likely go a long way towards retiring our ever-expanding national debt with the massive revenue generated.  As the person in bankruptcy sells assets to retire debts, so should the government.  No country is immune from financial collapse.  For this reason alone, governments ought to responsibly sell their assets to the highest bidders to generate the revenue necessary to retire debts incurred from decades of reckless and irresponsible politically driven spending.  Avoiding a catastrophic financial collapse ought to be one of our most urgent top priorities.  Suppose you fret about selling off beautiful government lands to private entities.  In that case, I urge you to consider what your life would be like if we experience a catastrophic financial collapse due to our endlessly-increasing debt and recklessly printing more and more paper money based on nothing of value.  It is hard to imagine people struggling to obtain food and shelter due to a catastrophic economic collapse would be fretting about selling beautiful government lands.  To the contrary, we would be fretting about not doing so.   

In addition to valuable government lands, the government owns countless stretches of roads and bridges.  The government could sell these assets to private corporations that would maintain them and charge market rates for their use.  Alternatively, the government could use these assets as revenue generators by simply charging user fees.  User fees for roads, bridges, and possibly government courts could become revenue generators to help fund essential services for needy people without the need for taxation.       

It is always important to remember that when the government taxes and spends, it does not create any wealth.  In reality, all that occurs is the government employs force, or threat of force, to shift money from the owner to someone else.  Often, the “someone else” is expected to deliver votes for the politicians who supported the forced shifting of resources.  It is easy to see how this process degenerates into an endless circle of what we sometimes call “dirty money” in politics.  Moreover, there is a transaction cost for this forced shifting of resources.  The government pays people to administer such a system of forced shifting of resources that is entirely unnecessary when the owners of the money simply and directly spend it as they wish.  When people voluntarily spend their own money, voluntary market forces determine the flow of money instead of politics.           

Some people have also proposed using revenues generated from a national lottery to fund essential services for people who truly cannot afford them.xxxvi  Voluntary government-run lotteries already raise more money than corporate taxes in many states.xxxvii  We should expect people of goodwill to intentionally play the lottery if we use the excess revenues for important charitable purposes.  There may be many other ways to voluntarily fund essential services for those less fortunate if we think synergistically while consistently maintaining a firm commitment to the 3LP and its derivative 3L Legal Principle. 

Rather than simply resorting to legalized and institutionalized theft on a massive scale, we should envision creative ways to accomplish our important goals without violating the 3L Legal Principle.  Legalizing theft by simply referring to it as “taxation” is not an honest option for the person genuinely committed to the 3LP.  There is no way to effectively advocate for a peaceful world while also advocating for institutionalized theft.  We should agree to solve our financial issues, like all our other issues, without employing coercion against peaceful people. 

Nothing about the laws of the universe prevents principled people from voluntarily working together to build a civilized, just, and prosperous society without forcefully appropriating the money of others.  There is no reason to believe we cannot do it.  Indeed, we could never build such a society that legally tolerates theft, whether committed by an individual or group of individuals.  Theft remains wrong regardless of the size of the group and even if the group forms a government.  Whether referred to as “taxation” or not, theft is always inefficient, destructive, and immoral.  It should be evident that this remains the case even when the thief uses the proceeds for worthy purposes.  The “ends” of a good purpose never justify the “means” of appropriating another person’s money without their permission.  Therefore, all forms of taxation always violate the 3L Legal Principle.   

While taxation violates the 3L Legal Principle, the practical considerations of reasonably and justly transitioning to a world without taxation is an entirely different and vital discussion.  It is unreasonable to expect we can justly eliminate all forms of taxation immediately in one swoop.  Indeed, those taxes that support essential services ought to be the last to be eliminated.  Also, because we have not historically adhered to the 3L Legal Principle, many people currently receive earned and contracted benefits, pensions, and other unfunded government liabilities that are now entirely funded by taxation.  As will be discussed later in this book, we must carefully and intelligently transition from a world replete with taxation to one without taxation.


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Wealth Inequality

Some people are reasonably concerned with the extent to which we have massive wealth inequality between people.  While many argue wealth ought to be distributed based on concepts such as merit and the individual efforts of people, there is no escape from the conclusion that mere luck plays at least a substantial role in one’s ability to accumulate wealth. 


Although people readily agree that some combination of nature and nurture are mostly or totally responsible for our success or lack thereof, they ignore that none of us is responsible for either.  We have no control or responsibility for either the DNA we inherited or the environment in which we were raised.  We are each simply born into a particular situation, many of which are pretty varied.  We are born either lucky or unlucky in countless ways.  All people either benefit from or are hindered by mere chance.  There is also no escape from the conclusion that the world has substantial unfairness.  Given that we expect humans to continue to have different DNA and social environments for the foreseeable future, we can expect continued inequality going forward no matter what we otherwise do.  As such, inequality is here to stay.   


It is important to note that inequality exists along every axis, not just wealth.  We, humans, are unequal in virtually every way we can measure.  I would love to play center for the Boston Celtics.  With some practice, I expect I could knock down some three-point shots pretty effectively.  I would happily collect the huge paycheck paid to a center on the Boston Celtics.  However, through no fault of my own, and merely as a result of the genes I inherited when I was conceived, my height of 5’5” absolutely prohibits me from even being considered for the job.  The Boston Celtics discriminate against me because I am vertically challenged.  Is this fair? 


We should expect countless differing, unequal characteristics, traits, and abilities to persist for the foreseeable future.  Adding to this situation is the fact that wealth is often inherited generationally.  Some people are born into wealth, while others are born into poverty.  Life is a circus of inequality in countless ways.  Even if we wanted to, we could never remotely succeed at making everyone equal in all ways.       


For the person concerned about one particular variety of inequality, wealth inequality, the relevant question is what to do about it.  The answer for the person also committed to the 3LP is always to resolve the issue without violating the 3L Legal Principle.  So long as a person’s wealth was amassed without violating the 3L Legal Principle, they should be left alone as a legal matter.  To the extent that a person’s fantastic but peacefully accumulated wealth is a problem at all, it is a moral problem.  As a moral problem, we must resolve it without resorting to the law.


Simply attempting to solve the alleged moral problem of wealth inequality by involuntarily appropriating, or stealing money from one person to redistribute to another only creates additional problems.  Besides violating the 3L Legal Principle and opening the door to legalizing theft as a proposed solution for many other issues, countless practical problems arise regarding who to steal from, in what amount, at what times, and who to redistribute to with the associated host of related issues. 


Redistributing wealth equally throughout the entire world seems the logical end goal of those desiring forced redistribution of wealth.  It seems no less a moral imperative to assist the poor person a world away than it would be to help a neighbor.  Given the massive amount of global poverty due entirely to humanity’s failure to adopt the 3LP, I suspect many proponents of forced redistribution of wealth would not support equalizing all wealth worldwide. 


Even if we could magically equalize all wealth worldwide, or even in a given community, this would be short-lived as people begin to earn, invest, inherit, and spend money differently.  In short order, financial inequalities would again reemerge.  Shortly after that, people would realize there is no point in earning money as it would be stolen by the government and again redistributed to people who reasonably also conclude there is no point to working.  The net result of forced redistribution to combat financial inequality ensures mass poverty.   


Other concepts such as laziness, drunkenness, irresponsibility, lack of motivation, or even excessive spending are all complicating issues, and as with all other problems, initiating force is not the solution.  Such issues must be solved voluntarily by virtuous people acting to help others for the right reasons.  Indeed, this is precisely what is encouraged with the 3L Moral Principle.  We can accomplish our goals in this area by enthusiastically promoting voluntary charity and creating the economic and pro-freedom conditions necessary to raise overall living standards.  As with other issues, we can solve problems peacefully.   


Many people argue that wealth inequality is not a problem at all.xxxviii  While it is true that the differential wealth gap between rich and poor is expanding, so long as the poor are becoming wealthier, there may not be a reason to fret even as a moral issue.  In a free society, the poor generally become wealthier.xxxix  This is indeed the case now throughout the civilized world.xl  A free, peaceful, and civilized society requires that all people have an equal opportunity under the law to peacefully generate as much wealth as they prefer and otherwise peacefully pursue their happiness any way they please.  As history has shown, the best way to help the poor is to create the conditions necessary for the poor to help themselves prosper.xli  There is no better or more effective way to help the poor become wealthier than to calibrate all our laws to be in accordance with the 3LP.


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Capitalism Vs. Socialism

Both Capitalism and Socialism are economic systems.  Many people hold strong opinions about which they prefer.  This fact does not change how we analyze and apply the 3LP or the 3L Legal Principle.  We should always use the same standard for all issues and all entities.  As with all other issues, competent adults should be free to decide how to run their lives.  These decisions include whether they prefer Capitalism or Socialism.  Both economic systems can peacefully coexist.  Forcing any economic system on any person always amounts to a violation of the 3L Legal Principle.  Therefore, the person committed to the 3LP is always against forcing any economic system upon anyone. 


Simply analyzing the 3L Legal Principle, as applied to the situation, always resolves the issue.  There is no reason to argue about which economic system is better so long as competent adults are free to select if or how they opt to earn, keep, invest, spend or share their money, labor, or other property without violating the 3L Legal Principle.  Both Capitalism and Socialism have versions that are compatible with the 3L Legal Principle.  People who engage in either of these voluntary versions should always be left alone.  However, both Capitalism and Socialism also have versions that violate the 3L Legal Principle.  Like all other activity that violates the 3L Legal Principle, either of these versions ought to be immediately outlawed.


  1. Capitalism 


Voluntary Capitalism or Free Market-Capitalism simply recognizes the right of competent adults to exchange their labor or property with other competent adults voluntarily.  As with all other voluntary activities, the owners of the property or labor involved in the exchange should have the sole discretion to settle on whatever terms of trade they agree upon without any interference from others.  As always, as long as nobody violates the 3L Legal Principle, this activity should be legally permitted.  An example of such an exchange is when a competent adult, who is the rightful owner of a particular property, agrees to sell that property to a competent adult buyer at a voluntarily agreed-upon price.  In the absence of any threat, or actual use of force, fraud, or coercion, there is no valid legal reason to object to such a transaction.  Because people subjectively value things differently, such a free and voluntary exchange results in a win/win for the participants and should always be encouraged.  Both parties involved in the transaction have determined they are better off after the trade than beforehand.  We should encourage as many of these voluntary interactions as possible.   


However, Capitalism that violates the 3L Legal Principle, referred to as involuntary Capitalism or Crony-Capitalism, occurs when the mechanisms of government are employed to impose laws or rules that coercively advantage one person or company over another.  Contrary to the free-market version, Crony-Capitalism allows individuals or businesses to profit by simply influencing politicians to change laws or administrative rules or to spend the stolen taxpayer’s money in such a way to coercively further the interests of that individual or business.  Wealthy individuals or companies donating substantial amounts of money to the campaigns of relevant politicians often gain such influence.  This practice usually results in a coercively generated market advantage or benefit for the contributing individual or business. 


An example of Crony-Capitalism would be when a government creates a coercive monopoly by legally permitting only one company to do business in a particular geographic area.  This favoritism often occurs when a government awards a service contract, such as trash collection or another utility service, to one exclusive company that, in exchange, benefits the politicians involved, often with financial contributions to their campaign.  This cronyism results in coercively advantaging the contributing individual or company over their competition that did not similarly donate.  Because Crony-Capitalism violates the 3L Legal Principle, it should be outlawed.

    

It is critical to the analysis to carefully and honestly determine whether we are analyzing Free Market-Capitalism or Crony-Capitalism because they are radically different; one is voluntary, and one is not.  Competent adult owners of property freely and honestly exchanging their property or labor never violates the 3L Legal Principle.  However, forcing or coercing people or companies to either engage in or not to engage in transactions always violates the 3L Legal Principle.   


  1. Socialism       

 

The 3LP applies precisely the same way to Socialism.  Like voluntary or free-market Capitalism, Voluntary-Socialism does not violate the 3L Legal Principle.  Competent adults are always free to organize how they prefer to collectively earn, keep, invest, spend, or share their money in any way they choose so long as they do not violate the 3L Legal Principle.  Some people prefer Socialism for various reasons, including moral ones such as helping the less fortunate.  Some people favor a socialized or communal healthcare system, charity system, educational system, retirement system, or other project requiring the sharing of collective resources purporting to convey mutual benefits or simply be more charitable.  Like any other voluntary choice by competent adults, so long as nobody violates the 3L Legal Principle, such a choice should be legally permitted and protected. 


An example of Voluntary-Socialism is the Israeli Kibbutz.xiii  Still in existence today, these private Socialist communities of competent adults voluntarily choose to live communally and pool resources and efforts.  Because people are free to either voluntarily join the Kibbutz or not, there is no violation of the 3L Legal Principle.   


Moreover, given our current technology, traditional geographic limitations to Voluntary-Socialism no longer exist.  For example, it is now entirely possible for people living at different locations on the planet to share economic resources easily and to distribute those resources towards common goals such as socialized healthcare, retirement benefits, charity for the poor, or virtually any other economically based purpose.  The Kibbutz concept can now easily be expanded to an online community voluntarily sharing resources in any way they prefer.  People in different places can communally own land in distant parts of the world.  Voluntary-Socialism should be entirely free to expand across the globe to the extent competent adults voluntarily prefer to opt-in to such an economic system.  Absent a valid contractual agreement to the contrary; such people should also be at liberty to entirely opt-out at any time.     

Contrasted with Voluntary-Socialism, Involuntary-Socialism, like all other involuntary transactions, consistently violates the 3L Legal Principle and should therefore be immediately outlawed.  Involuntary-Socialism occurs when people are forced or coerced, often through the government, to contribute economically to programs such as socialized healthcare, retirement benefits, or charity for the poor.   While these may be worthy goals, attempting to achieve them by forcing others to contribute violates the 3L Legal Principle.  For this reason alone, the law should never permit involuntary Socialism. 


  1. Conclusion   


There are various reasons why a person may prefer Capitalism or Socialism.  That debate is a personal choice beyond the scope of this book.  As with Free Market-Capitalism, Voluntary-Socialism does not violate the 3L Legal Principle.  People who opt for such voluntary economic arrangements ought to be left alone.  Similarly, both Involuntary-Capitalism or Crony-Capitalism and Involuntary-Socialism consistently violate the 3L Legal Principle and should be immediately outlawed.       


For the person committed to the 3LP, the only relevant question regarding Capitalism and Socialism, or some combination thereof or even a completely different economic system, is whether people are free to opt-in or forced into either scheme.  The former is simply a choice for competent adults to make.  The latter violates the 3L Legal Principle and should always be outlawed.  If you are interested in determining whether competent adults prefer Free Market-Capitalism or Voluntary Socialism, what better way than giving them a free choice to opt into either system and see which they choose?  We should immediately discard any economic system that only exists so long as it forces people to participate. 


<<Back to Issues

Immigration

As with all other issues, the relevant initial inquiry is whether someone violates the 3L Legal Principle. No person has a right to trespass upon another person’s property. Trespass is always a violation of the 3L Legal Principle and should therefore always be outlawed. The converse is also true. The competent adult owner of real property always has the right to invite another competent adult, located wherever in the world, to enter the owner’s property. To the extent we have private property, including private roads, the immigration issue is simply a matter properly left to the private property owner’s discretion. The owner of private property has an absolute right to determine under what conditions another person may enter their property and when that person must exit. It is essential to observe that, to the extent we have private property, this resolves the issue of immigration for the person committed to the 3LP. 


Even when viewing this issue in the context of both public property and a sovereign international border, the usual analysis applies. No person has a right to violate the 3L Legal Principle. This conclusion remains true regardless of which side of an international border a person stands on. If someone intends to violate the 3L Legal Principle from inside an international border, all people living there are justified in immediately stopping that person. The same remains valid for someone who intends to cross an international border. The people who live within the boundary, like everyone else everywhere, have a right to insist that the 3L Legal Principle not be violated. If we appropriately determine that someone plans to enter a country to violate the 3L Legal Principle, it is permissible to refuse to admit that person. 

 We should treat the person who poses a substantial threat of harm to others the same way regardless of where the person stands. For example, it is no violation of the 3L Legal Principle to prevent a person from entering a country who previously posted their credible intent on social media to detonate a bomb in a crowded mall in that country. By displaying credible evidence of an intention to detonate a bomb, such a person violates the 3L Legal Principle by posing a substantial threat of initiating physical force. It is reasonable to take such a person at their word that they intend to violate the 3L Legal Principle. It matters not whether such a person stands inside or outside an international border. 


For the same reason, it makes sense to determine whether a person attempting to purchase a firearm is a convicted violent felon or mentally incompetent; such a check at an international border also makes sense. We have a right to insist the 3L Legal Principle not be violated. People who create substantial risks of harm to others, whether by merely possessing a firearm or simply by crossing an international border with the intent to injure others, should be immediately stopped. No person has a right to create a substantial risk of harming others. Doing so violates the 3L Legal Principle. As such, so long as we have public property and international political borders, it makes sense to briefly stop all people who intend to cross that border to reasonably and fairly determine whether they intend to violate the 3L Legal Principle. Such a brief check is not possible without an enforceable international border. As such, securing immediate control of the international border is a required first step.   


Precisely what constitutes sufficient evidence to detain or deny entry to a person at an international border is a matter upon which reasonable minds can and do disagree. We can say the same about what hearings are required to challenge such determinations, the burdens of proof applicable at those hearings, and the relevant appellate procedures involved. That we need to resolve these legal issues does not defeat the principle from which we should reason. Of course, as should always be the case, we should enforce all laws and implementing rules in a scrupulously fair manner and with due process. 


It is also important to note that the only relevant inquiry in this analysis is whether the person seeking entrance violates the 3L Legal Principle. The race, nationality, ethnic background, language, religious beliefs, sexual preference, cultural practices, or relative wealth of the person seeking entrance is entirely irrelevant to the analysis. While individuals are free to discriminate on any basis they choose, governments are not. As with the issue of free speech, recall that individuals and companies are allowed to censor the content of speech, but the government’s ability to act is intentionally limited. We do not allow the government to act as freely as a private individual or company for good reasons. This governmental restriction is the case with many other issues as well. Because of the unique problems associated with governments, to the extent they act to do anything at all, they should not be free to discriminate for any of these reasons. 


It is important to note that, other than child and guardianship issues, no person has a right to live at the expense of another person. Because of this, some people object to immigration because they do not want to be forced to fund social programs for immigrants. This objection is entirely valid. We should not force anyone to fund social programs, whether for a citizen or non-citizen, as this would violate the 3L Legal Principle. Besides simply complying with the 3L Legal Principle, we should not force anyone to do anything.   


In the late 1800s and early 1900s in the United States, people were legally allowed to immigrate to the United States. Their mere arrival in the United States did not entitle them to any compelled financial assistance from others. Like many immigrants today, what these immigrants came to the United States for was a chance to simply live and let live. Because immigrants, like citizens and other legal residents, become consumers who purchase local goods and services and offer their labor for sale, this policy turned out to be a win for the immigrant and the general community via an improved economy. Such an immigration policy is entirely consistent with the 3LP. 


Today’s immigrant to the United States, and many other places, is legally entitled to claim financial benefits of all types funded through the coercive mechanisms of taxation. For the same reason that citizens and other residents should not be entitled to live at the expense of other people, neither should the immigrant. Although people of good character will always be inclined to voluntarily offer financial assistance to less fortunate immigrants, citizens, and other residents, forcing such a result is legislating morality and always violates the 3L Legal Principle. America’s immigration policy of the late 1800s and early 1900s is an excellent example of how peaceful and productive people can immigrate into a country resulting in a win/win that is entirely consistent with the 3LP. Like many issues, simply adhering to the 3LP presents an easy fix to an otherwise tricky problem.


As a final note on this topic, it is worth mentioning that some people object to immigration based on racial or cultural differences, such as speaking different languages, eating different foods, singing different songs, or even celebrating different holidays. Although people are entitled to feel any way they wish towards immigrants or anyone else, such objections are irrelevant to an analysis of the 3L Legal Principle and violate the 3L Moral Principle. Because such cultural differences, and differences in immutable characteristics, are irrelevant to an analysis of the 3L Legal Principle, such objections should fall on deaf ears as a legal matter. The 3LM and its promotion of the 3L Moral Principle attempt to promote specific aspirational values to create a world where civilized people only welcome and celebrate such differences.


<<Back to Issues

Healthcare

There is no shortage of claims some people assert to live at the expense of others.  It is easy to simply declare the existence of some “right.”  However, merely asserting the claim does not make it legitimate.  Without properly thinking it through, many people recklessly announce some “right” to do something or be given a particular item, service, or payment.  It seems there is no limit to the number of “rights” some people claim to have.  It is currently fashionable in some circles to claim rights to healthcare, college tuition, a living wage, a job, shelter, not to be discriminated against, not be offended, or even to be treated with dignity and respect.   


The difference between legal and moral rights has been a critically important distinction throughout this book.  While some of these claims may be legitimate as moral rights, general morality issues are beyond this book’s scope.  To the extent these claims are consistent with the 3L Moral Principle, we should act to accomplish these goals outside the law.  Further, it has been a primary focus of this book to make the case that the right to be free from all aggressions of others, and the groups they form, ought to be our most fundamental legal right. 


In addition to the distinction between moral and legal rights, there is another critical distinction between different legal rights claims.  There are two different varieties of such claims.  One type does not legally obligate other people to do anything.  The other legally requires, and therefore forces, other people to do something.  This distinction is the key to understanding what rights are legitimate legal rights and which are not.     


The term “negative rights” describes rights a person can fully exercise without forcefully compelling anyone to do anything.  All substantive rights advocated for in this book are negative rights.  Other than simply refraining from violating the 3L Legal Principle, we should not force anyone to do anything.  For example, your rights to control your body, property, money, and time do not depend on anybody doing anything other than simply refraining from violating the 3L Legal Principle.  This well illustrates the concept of negative rights.  We can say the same for your right to be left alone and not interfered with by the activities of others.  So long as others refrain from violating the 3L Legal Principle, you realize and enjoy all your negative rights.       


On the other hand, the term “positive rights” can be used to describe a right that a person cannot realize unless someone else affirmatively does something.  Positive rights always require forcing people into doing things.  An example of a positive right would be a claimed right to healthcare.  For one person to have a right to healthcare, some other person, or group of people, must be forced to either personally provide the healthcare or fund it.   


Forcing people to provide healthcare for others or fund it violates the 3L Legal Principle.  As previously discussed, forcing people to fund anything violates the 3L Legal Principle.  While voluntarily supporting another’s healthcare is a charitable act of moral significance, it is irrelevant to determining whether a person violates the 3L Legal Principle.   Because promoting a legal right to healthcare, as a positive right, requires forcing others to either provide the healthcare or fund it, we can conclude that a legal right to healthcare violates the 3L Legal Principle.  This conclusion ends the analysis for the person committed to the 3LP. 


That notwithstanding, one may persuasively argue the existence of a moral right to provide healthcare for others who are less fortunate.  Voluntary kindness is an essential aspirational value for those in the 3LM.  People of goodwill and sufficient means should be encouraged to help less fortunate people obtain basic healthcare.  It is important to note we cannot achieve or maintain optimum health without consistent access to nutritious food and clean water.  Also, people need access to appropriate housing, clothing, sanitation requirements, exercise, and countless other items and services to maintain good health.  It is easy to see how any claimed positive right to healthcare quickly expands to a right to have all of life’s basic needs provided by or funded by another person.  In any event, solving these moral issues is appropriately in the realm of persuasion.   


Ensuring the less fortunate have access to all these basic life needs is a moral obligation for many people in the 3LM.  Helping others less fortunate is undoubtedly a worthy moral cause and entirely consistent with the aspirational value of voluntary kindness towards others.  We should act ourselves and inspire more people to help with this cause voluntarily.  However, forcing them to help consistently violates the 3L Legal Principle as it seeks to import moral goals, even worthy ones, into the law.     


Importing general moral views into the law is always fraught with peril.  Besides violating the 3L Legal Principle, when the law forces people to affirmatively act morally, even to achieve worthy goals like healthcare for those less fortunate, the law invites an endless struggle over who gets to enshrine their morality into the law.  An infinite number of worthy causes compete for our limited charitable efforts.  Forced charity is not charity at all.  Genuine charity emanates from a kind and empathetic heart.  We should encourage charity while taking a principled position against forced charity, even when a worthy cause we advocate for is at issue.   


There is no better way to move towards a world where all people have access to healthcare than to calibrate our laws to be in harmony with the 3L Legal Principle.  This conclusion is proper for several reasons:  In a world where people can venture their capital and trade freely with others, standards of living rise.  Free societies naturally have higher standards of living.xiv As standards of living rise, more people can afford to purchase healthcare and other life needs.  Achieving a free and peaceful world where free trade thrives and standards of living rise is the best way to permanently eradicate poverty and the lack of access to proper basic healthcare, food, housing, clothing, and other necessities to live a long and healthy life. 

Also, healthcare is subject to the same laws of economics and incentives that apply to other products and services.  As such, only a free market in healthcare can set the actual fair market price of the service in question.  Few markets have been subject to government regulation as the healthcare industry.xv  This has resulted in a distorted and inefficient market where people maneuver to qualify for services at the forced expense of others, consumers generally have no idea of the actual cost of service, prices continually rise, quality of service is in perpetual decline, and healthcare professionals generally continue to work more for less pay.  Overall, satisfaction with the entire industry is in free fall.xvi  As with any other product or service, if our goal is to have the best quality healthcare available at the most reasonable competitive market price, an actual free market in all forms of healthcare and health insurance is our only available option.  It is also the only option compatible with the 3LP.   


<<Back to Issues

Abortion

In many ways, the abortion issue is similar to the animal rights issue. They are both among the most challenging questions for similar reasons. In each case, reasonable people disagree about how the 3L Legal Principle applies. Many reasonable people who conclude the 3L Legal Principle applies to the unborn baby disagree on the point at which it begins to apply. We cannot analyze whether someone violates the 3L Legal Principle until we first determine whether the 3L Legal Principle applies at all. Said another way, the question turns on whether the unborn baby, or fetus, owns itself. It is on this point that reasonable people disagree, which is precisely what makes these issues so complex.   

 

Regardless of your opinion on this issue, we should recognize these are complex questions upon which thoughtful and reasonable people honestly disagree. There are no objectively correct answers about where to draw the lines on these complex issues. Science alone cannot resolve these questions. As such, rational people, each genuinely committed to correctly applying the 3L Legal Principle in good faith, can and do come to different reasonable conclusions on these issues. We should honestly acknowledge this fact. 


It is too simple merely to assert it is a woman’s body; therefore, the pregnant woman should decide unilaterally whether to have an abortion. This conclusion is problematic because other reasonable people, while possibly fully acknowledging the pregnant woman owns her body, view the unborn fetus as an entirely separate and self-owning human body located inside the pregnant woman’s body. It is interesting to note that many people who make the “woman’s body” argument disingenuously abandon that same argument when discussing the issues of prostitution, drug use, and euthanasia.

 

It is also too simple to boldly claim the unborn fetus should be considered a person from the moment of conception and therefore entitled to the absolute protection of the 3L Legal Principle merely because it has unique DNA or for entirely religious-based reasons. Some people point out that dead skin cells and cut hair also contain unique DNA, but we do not afford personhood to those human cells either. Nor is the religious justification persuasive to others who subscribe to religions with different views or those who reject religion. It is interesting to note that those who offer this “sanctity of life” argument, even as applied to a two-celled “zygote,” often have no objection to hunting and killing adult, biologically complex, sentient, pain-feeling, non-human animals such as elk, deer, and pigs merely for “sport.”         


In the case of abortion, the two-celled zygote is undeniably human. However, reasonable people genuinely committed to correctly applying the 3L Legal Principle in good faith argue that because the two-celled human is not conscious, feels no pain, and cannot reason at all, it should not be entitled to the protection of the 3L Legal Principle; at least not at that point in its development. Many people offer viability outside the womb as the relevant point at which the 3L Legal Principle correctly applies. However, it is unclear why this moving target, entirely subject to technological advancements, ought to be the proper dividing line.   

  

As with the animal rights issue, many variables and complexities apply to the abortion issue such as the health of the pregnant woman, rape, and even the unborn baby’s health and expected quality of life. There are some things we can reasonably conclude about these specific issues. Regarding the health of the pregnant woman, we can resolve this issue with ordinary self-defense principles even if we consider the unborn fetus a self-owning human baby. In any case where one person substantially threatens another, if the threat is imminent, the threatened person is always legally entitled to utilize the least amount of force necessary to terminate that threat. If terminating the life of the unborn baby is the least amount of force necessary to prevent a substantial injury or death to the pregnant woman, then the pregnant woman, like any other person in such a situation, is entitled to take the life of the other person to defend herself. As such, legally disallowing abortion in a case where the unborn baby threatens a substantial injury or death to the pregnant woman should always be considered an unreasonable interpretation of the 3L Legal Principle as it would negate the basic right of self-defense. That said, exactly what factual circumstances satisfy these criteria is an area where reasonable minds may differ. 

 

Similarly, in the case of rape, even if we consider the unborn fetus a self-owning human baby, legally prohibiting the pregnant woman from terminating the pregnancy should also always be considered an unreasonable interpretation of the 3L Legal Principle. The reason for this conclusion is that even if the unborn baby is a self-owning human, the involuntarily pregnant woman has done nothing to incur a legal duty to help or assist the self-owning unborn baby survive. While people may have moral duties to assist others in need of help, legal duties to assist others, even to survive, do not arise unless a person takes some action to put another person in the desperate situation. As an example, no person has a legal duty to rescue a stranger at risk of drowning. However, if that same person did something to put the stranger at risk of drowning, such as pushing the stranger in the water, then the person accrues a legal duty to take action to rescue the stranger. Obligating a woman who was involuntarily made pregnant to continue to assist even a self-owning unborn baby wrongly imports moral duties into the law. Forcing people to act morally, even to save the life of another person, always violates the 3L Legal Principle. That said, while rape certainly qualifies, exactly what other circumstances may amount to an involuntary pregnancy may also be an area where reasonable minds can disagree. 


Finally, the specific issue of the unborn baby’s health and expected quality of life can be resolved the same way we analyze the euthanasia issue. It is important to note that this analysis requires the pregnant mother to exercise her judgment in good faith in the capacity of a fiduciary or guardian of the unborn baby and not for her own self-interested benefit. Even if we consider the unborn fetus a self-owning human baby, the baby does not possess the capacity to exercise its own judgment. For the same reason a competent adult, as the iron-fisted dictator and owner of his or her own life has a right to terminate it, the pregnant mother, as the fiduciary or guardian of the unborn baby has the right to exercise discretion to determine the baby’s life is not worth living. As with the other issues described above, reasonable minds can disagree upon how to determine whether the pregnant woman is acting in the capacity of a proper fiduciary or guardian for the unborn baby’s best interests.         

It should be obvious that there are no objectively correct answers to many questions that touch the abortion issue. Reasonable minds, equally committed to the proper application of the 3L Legal Principle in good faith, honestly disagree. Said another way, there is more than one reasonable interpretation of how the 3L Legal Principle applies to the abortion issue. As was discussed in chapter six, analyzing some complex or challenging issues yields more than one reasonable conclusion. The abortion question is one such issue. What personal conclusion you or I come to on this issue is irrelevant. We both have our personal opinions and preferences about how to resolve this issue. Neither of us is entitled to have our interpretations of how the 3L Legal Principle applies to complex issues imported into the law and applied to everyone. We are only entitled to at least a reasonable interpretation of how the 3L Legal Principle applies, whether that comports with our interpretations or not. Perfection in the law or the world is not an available option. Rather than endlessly fight about the issue and seek a one-size-fits-all solution, we must resolve it to achieve freedom and peace. 

   

As should always be the case when we encounter complex or challenging issues where reasonable people disagree about how the 3L Legal Principle applies, the local community, as in cities and towns, should select which reasonable interpretation to adopt in their local community. As was argued in chapter six, there are many different reasons why such an issue should be resolved at the local community level rather than adopting a one-size-fits-all approach applied to all members of the larger community. As local communities draft laws and rules implementing their selection of which reasonable interpretation to adopt, the market of people who live and trade there will adjust accordingly based on any reasons they prefer.   

              

That said, if we think differently about the nature of abortion, reasonable people may be able to converge on the same interpretation, at least post-viability. Suppose current medical technology exists and is employed to voluntarily terminate a pregnancy while simultaneously sustaining the life of the unborn baby. We could more accurately refer to this procedure as an “eviction2” rather than an “abortion.” After such an eviction, the formerly pregnant woman, who would presumably have no further interest in the baby, certainly has no valid basis for insisting upon terminating the baby’s life.

 

Because the 3L Legal Principle certainly applies to babies after birth, intentionally terminating the evicted baby’s life would violate the 3L Legal Principle. As such, allowing a pregnant woman to terminate the pregnancy of a viable unborn baby under conditions where medical technology is employed to sustain the baby’s life should pose no legal issue because there is no violation of the 3L Legal Principle. Whether such an eviction procedure violates the 3L Moral Principle or any other person’s broader moral values is irrelevant to the analysis of how the 3L Legal Principle applies.   


Employing the “eviction analysis” for post-viable unborn babies results in a win for the woman who no longer desires to be pregnant or to be a mother, a win for the unborn baby who is allowed to live life, and a win for any adoptive parents who desire a baby to raise as their own. It would be hard to conclude such a process is unethical. Other complicating issues remain, such as the biological father’s rights and sufficient funding to sustain the baby’s life if there are no willing adoptive parents or other people to voluntarily pay for the necessary sustaining medical care.   

 

While viewing abortion as an eviction may resolve the issue of when the unborn baby is viable outside the womb, it does not resolve the issue pre-viability. However, this may be a temporary problem as science and technology advance. It is reasonable to expect that someday viability outside the womb will be possible from conception. On that day, we can resolve this entire issue by treating abortion as an eviction at any time during pregnancy. Until that day, subject to the specific issues described above, it is best to let local communities reasonably decide how the 3L Legal Principle applies to the issue of abortion generally.    


Animal Rights

As detailed in the previous section on abortion, the issue of whether and how the 3L Legal Principle applies to non-human animals is among the most challenging and complex of questions.  Here again, there is no obviously correct answer.  Because reasonable minds can and do disagree, this issue is also appropriately left to the local communities to decide and implement.  That said, it is worth exploring some relevant concepts in considering this issue.   


Some reasonable people declare that the 3L Legal Principle does not apply to non-human animals.  As such, they conclude the issue of animal rights is properly a moral issue best dealt with in the moral realm.  However, it is unclear why the 3L Legal Principle should apply only to humans.  It is reasonable to assume many non-human animals, similarly to humans, would prefer not to be aggressed against.  Indeed, we can observe non-human animals attempt to resist aggression by struggling in the same way we humans do.  We should not be surprised as all non-human animals are conscious, and most can experience pain.  They also clearly value their lives and act to sustain them to the best of their ability.     


That the non-human animals cannot engage in contracts, bring a lawsuit in court, or even articulate an objection to their treatment does not immediately appear relevant for any particular reason.  The human infant can also do none of these things, and we do not argue for the inapplicability of the 3L Legal Principle as applied to human infants.  Further, many people accept the 3LP generally for reasons other than a social contract in any event.  It is easy to understand how many reasonable people remain unpersuaded that the 3L Legal Principle applies only to humans. 


Indeed, when pushed, many advocates for the human-only position soften their views when they realize if the 3L Legal Principle has no applicability to non-human animals, there is no legal basis upon which to object to an immoral dog owner who enjoys torturing his dog.  When confronted about torturing his dog, the evil dog owner could simply respond that, like any other piece of personal property he owns, he has an absolute right to do whatever he wants with it.  As such, he could torture or even kill his dog, consistent with all aspects of the 3L Legal Principle.  Said another way, the cruel dog owner could simply assert the 3L Legal Principle does not apply to non-human animals.  Like everyone else, the immoral dog owner is under no obligation to comply with the 3L Moral Principle or any other ideas about what constitutes proper moral conduct.  If the 3L Legal Principle does not apply to non-human animals, the evil dog owner is legally entitled to continue to torture or even kill his dog for any reason at all.     


Many people who subscribe to the 3LP would not only object to an immoral dog owner’s torture on moral grounds but would also maintain that the law should prohibit it.  This position is only possible for the person committed to the 3LP if the evil dog owner violates the 3L Legal Principle when torturing his dog.  On the other hand, if the cruel dog owner does not violate the 3L Legal Principle by torturing his dog, the law should allow the dog owner to do whatever he wants to the dog without limitations. 


It is easy to understand why a reasonable person could conclude that, at least under some circumstances, the 3L Legal Principle should apply to certain non-human animals.  If you accept the 3L Legal Principle ought to apply in some way to the dog, on what basis would you conclude differently as to the cow, pig, chicken, or fish?  That you personally love your dog or that your dog may be the cutest animal alive is irrelevant to the question of whether and how the 3L Legal Principle applies to non-human animals.   

Where to draw these intricate lines is replete with disagreements even among entirely reasonable people attempting to correctly interpret how the 3L Legal Principle applies in good faith.  Reasonable people may conclude differently about the applicability of the 3L Legal Principle to the bonobo monkey or chimpanzee versus a simple worm or even a one-celled non-human living organism.  Moreover, the particular underlying reason why a person aggresses against a non-human animal, whether for self-defense, necessary life-saving medical research, life-sustaining food in an extreme emergency, sport in the case of hunting, or simply for the preference of eating it, also seems to reasonably factor into the analysis.     


As with the abortion question, relegating these difficult and complex issues to the local community to select from reasonable alternatives will not satisfy everyone.  This imperfect solution is the nature of all controversial matters where reasonable minds disagree.  On the other hand, imposing a one-size-fits-all law also will not satisfy everyone.  Allowing local communities to reasonably experiment with navigating these complicated and complex issues is the best way to resolve them.  Moreover, this approach will ultimately reveal the best and most favored constructions of the 3L Legal Principle.


In the final analysis, the low transaction cost of moving to, or doing business with, another local community with a different preferred reasonable construction of how the 3L Legal Principle applies in this area is the most efficient way to determine which laws and rules are best overall.  Local communities should be allowed to adopt reasonable interpretations of how the 3L Legal Principle applies in these areas that comport with the reasonable opinions and sensibilities of those who live in that local community.  We should respect the reasoned judgments of others in difficult and complex areas such as this one, where reasonable people can and do disagree about how the 3L Legal Principle applies.  A diverse, free, and peaceful world can easily tolerate such reasonable differences of opinion on complicated and complex issues.


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Regulation

Our world is replete with endless mandatory regulations.  Indeed, no person can be familiar with the countless compulsory regulations that apply to our daily lives.  As such, it is easy to become anti-regulation generally.  However, not all mandatory regulations are created equal.  Regulations that are both in harmony with the 3L Legal Principle, and are necessary to prevent the 3L Legal Principle from being violated, are indispensable to a free and peaceful society and world. 


For example, imagine a truck driving through a town carrying large amounts of hazardous chemicals.  So long as the truck does not pose a substantial risk of harm to any person or their property, there is no violation of the 3L Legal Principle.  However, the people living in the town would have no reason to know whether the truck posed a substantial risk unless and until the harm materialized.  For example, improperly stored hazardous cargo could dislodge onto the street due to a routine fender bender with another vehicle.  This situation could cause immeasurable harm to the people in the town due to the hazardous chemicals leaking into the ground or bodies of people in the area.  In such a circumstance, there is no doubt a violation of the 3L Legal Principle has occurred.  Indeed, the initial 3L Legal Principle violation happened before the fender bender because the truck with improperly stored hazardous chemicals posed a substantial risk of harm as it drove through the town. 


We need not wait until the actual harm materializes before we impose reasonable requirements to drive through the town with hazardous chemicals.  We can presently identify specific conditions that, if they exist, actually amount to a violation of the 3L Legal Principle because they pose a substantial risk of harm.  As such, regulations that avoid breaches of the 3L Legal Principle are entirely proper and consistent with the 3LP.  Returning to our example, regulations that mandate specific minimum safety requirements for trucks that haul dangerous chemicals, approved methods of securing such cargo, and even proper education and training of drivers who carry such chemicals are entirely appropriate and consistent with the 3LP.  These mandatory regulations are necessary to avoid a violation of the 3L Legal Principle. 


It is essential to distinguish between regulations solely calculated to avoid violations of the 3L Legal Principle, as in the previous example, and regulations for any other purpose.  Regulations aimed at any other purpose, such as ensuring a certain quality of workmanship, controlling competition, favoring some groups or companies over others for alleged ethical reasons, or even simply for aesthetics, all violate the 3L Legal Principle because they seek to accomplish goals, possibly worthy ones, via coercion.  The person committed to the 3LP always opposes importing one’s moral views, even worthy ones, into the law.   


However, private companies, homeowner associations, and individuals can impose any rules and regulations they prefer without restrictions because they are entirely voluntary.  For example, homeowner’s associations, consistent with their founding documents, can issue regulations about what colors homeowners can paint their homes because they had voluntarily agreed to such an arrangement when they purchased their land.  As owners of their property, private companies and individual homeowners can issue any rules and regulations they prefer concerning all people who enter their property.  This conclusion remains true even if their regulations have no connection whatsoever with the 3L Legal Principle.  Property owners are entitled to impose whatever rules they prefer as a condition of using their property.  This fact is simply the nature of private property ownership.  Legal rules and regulations, which apply to everyone, are entirely different than rules and regulations imposed by property owners, which apply only to people who enter their private property subject to their consent.     


As we move towards a world where we privatize more and more property, the entire issue of mandatory regulations becomes less critical.  Returning to our example of the truck hauling hazardous chemicals through town, if we imagine the road to be privately owned, as with all other private property, the road owner will determine under what conditions such a truck could use the road.  So long as the risk posed to people is limited to activity only on that road, and the risks are consented to by people using the road, there is no cause to mandate any regulation.  Competent adults are entitled to consent to any hazards for any reason.  As with many issues, allowing property owners to make the rules under which others can enter their property resolves many problems.   


However, even with privatization, we should expect there would remain circumstances where risks of harm are substantial, potentially far-reaching, and not easily discovered until actual harm occurs.  Mandatory regulations prohibiting recklessly storing dangerous chemicals or powerful explosive devices, even on another person’s private property, would be examples.  Indeed, these are also examples of violations of the 3L Legal Principle.  In such circumstances, mandating reasonable and narrowly tailored regulations to prevent such dangerous situations is entirely proper because no person has a right to violate the 3L Legal Principle, even by creating any circumstance that presents a substantial threat or risk of harm to others.  The person committed to the 3LP would have no basis to complain about such reasonable regulations.


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Global Pandemics and Viruses

The issue of global pandemics is among the most difficult to analyze.  As we have seen with the recent global pandemic involving Covid-19, reasonable people disagree on countless factual issues such as the dangers and risks presented to others, communicability risks and by what mechanism the virus effectively spreads to others, and whether masks, social distancing, or vaccines are effective.  As previously detailed, life is complex, and not all issues are easy to resolve.  Indeed, a short chapter on pandemics can only highlight some of the fundamental questions involved rather than appropriately dive deeper into the countless nuances that arise with the complexity surrounding this issue.  As with many other problems, determining whether we are analyzing private or public property resolves most aspects of this issue.


We always begin with whether anyone is violating the 3L Legal Principle.  An infected person with a dangerous illness violates the 3L Legal Principle by infecting another person who has not consented to the risk of being infected.  While we treat the infected person who intentionally or recklessly infects another differently from the infected person who negligently infects another, either violates the 3L Legal Principle. 


Further, as we know, the 3L Legal Principle is also violated if the infected person merely presents a substantial risk of infecting with a dangerous illness, others who have not consented to the risk.  Under appropriate circumstances, the 3L Legal Principle could be violated simply by an infected person breathing out dangerous viruses that put others at substantial risk.  As with all risks, competent adults remain free to consent to whatever risks they deem appropriate.  Analyzing the physical location of the infected person is crucial to the analysis.


Even amid a global pandemic, private property owners, including private business owners, remain free to invite others to enter their property under any circumstances they deem appropriate.  As always, all people remain free to refuse such an invitation for any reason they deem appropriate.  This observation results in a world where, even during a global pandemic, business owners can opt to close or remain open under any circumstances they choose, and their customers can opt to do business with them or not.  Business owners always remain free to require masks, social distancing, proof of testing, vaccinations, or anything else they deem appropriate to enter their private property.  The same is true for private homeowners.  As with all other risks, competent adults living through a global pandemic remain free to assess risks as they deem appropriate and act accordingly.  As such, imposing a one-size-fits-all “solution” by mandating that private businesses close during a pandemic improperly usurps the risk-related decisions of competent adults and violates the 3L Legal Principle by coercing others; here, business owners. 


While strictly observing the usual private property rules resolves most issues related to dealing with a global pandemic, it does not resolve them all.  We could imagine a circumstance where the substantial risk of infecting another person with a dangerous illness extends beyond the boundary of the infected person’s private property.  Positing a deadly virus that can be effectively transmitted beyond a private property border with simply a sneeze, cough, or merely exhaling would be such a circumstance.  This circumstance is akin to shooting arrows, throwing knives, or even using a firearm to discharge a round into a neighbor’s property without their permission.  Any of these examples would violate the 3L Legal Principle.  This scenario may be unlikely.  However, given what we currently know about the transmission of such diseases, it is not impossible.  If such a scenario were to occur, the neighbor suffering the trespass would have an absolute right, as the owner of their property, to immediately terminate the trespass utilizing the least intrusive and most narrowly tailored means possible. 


Government or public property presents a different analysis.  As was discussed in several other chapters throughout this book, government action is subject to special restraining rules.  For example, while individuals are free to do anything they please with their property so long as they do not violate the 3L Legal principle, governments properly have additional restrictions such as affording due process and equal protection of the law, not censoring the content of speech, and not discriminating based on many different characteristics.  As such, unlike private property owners, when governments control public property, they are appropriately constrained to act within certain limits.  Therefore, when the government acts to restrict the use of public property, its actions must be justified by the appropriate constitutional restraints.  As with so many other issues, substantially reducing or eliminating the concept of “public” or “government” property would render this issue mostly irrelevant.  The countless ways governments could improperly or justifiably curtail the use of public property during a global pandemic is too broad a topic to consider in this chapter.


Some people point out the possibility that mass illness can and sometimes does strain our healthcare system.  Given that healthcare, like all other resources, is limited, this can pose a risk that we overstrain our healthcare system with a flood of reckless people ignoring risks and then availing themselves of the healthcare system for service.  This concern is legitimate.  However, this concern arises directly from the government’s over-regulation and co-opting of the private healthcare system in the first place.  Most private for-profit businesses would view a rush of new business as a positive development, at least financially, and expand or react accordingly.  Indeed, during the recent Covid-19 global pandemic, we witnessed governments relax or abolish some unnecessary regulations in many areas that restrained the ability of healthcare providers to react to and deal with the influx of new patients.  As a result, it is now easier for healthcare professionals to offer services online or via telephone and move more freely to jurisdictions with more significant needs to receive higher compensation.  In an actual free market of healthcare, we should expect a much more responsive healthcare system better able to expand and adapt to changing demands for service.   


Another serious and legitimate concern regarding the issue of global pandemics is the extent to which unvaccinated people, or people who recklessly expose themselves to viruses, enable the virus to more easily replicate into a different and sometimes more dangerous variant, thereby endangering others.  As no person has a right to do anything that creates a substantial risk of harm to others, some people may conclude that, under the appropriate circumstances, merely being unvaccinated or recklessly undertaking risk of infection amounts to a violation of the 3L Legal Principle.  Others may conclude that while taking steps to inhibit a virus’ ability to replicate is a worthy moral goal because the virus is simply part of the natural environment and acts on its own, this is merely a moral issue and not a legal issue.  Said another way, because no action is required of any person for a virus to replicate, no person violates the 3L Legal Principle when a virus involuntarily replicates in a person’s body.  As with these problematic issues, where reasonable minds equally committed to the 3LP can disagree in good faith, this issue may be best left for local communities to decide and is undoubtedly worthy of more discussion, analysis, and debate.       


Finally, it is essential to note that life itself entails many risks.  We cannot eliminate them all.  We are each breeding grounds for different bacteria and viruses to some extent.  Merely living in proximity to others subjects us to varying risks, including illness or death from a bacteria or virus unknowingly transmitted from another person.  Life itself requires our implied consent to the ordinary risks that accompany daily life in the community in which we live.  When analyzing whether a risk is “substantial” such that the 3L Legal Principle is violated, we should exempt ordinary daily life risks.  What makes a risk “substantial” should always involve considerations about the level of danger involved, the likelihood that the harm will materialize, and how common that risk is in the context of daily life in the relevant community. 


Pandemics are an unfortunate but natural part of life on Earth.  Our best defense against pandemics is to foster an environment of freedom and peace where science can continue to progress so we can more effectively detect, contain, and mitigate them.  In this area, as in all areas, we should proceed with reason, science, and clear-headed thinking.


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Climate Change

As with the issue of global pandemics and viruses just discussed, the issue of climate change is similarly complex and among the most difficult to analyze.  What makes the issue of climate change so difficult is the inability of the average person to reach intelligent and well-reasoned conclusions about the facts personally.  Indeed, there may not exist even one sufficiently qualified person in all the scientific disciplines necessary and who also has sufficient historical and technological knowledge to conclude with certainty answers to the following questions:

  1. Is the Earth warming in a way not historically seen before?
  2. If so, is the Earth warming mostly or partially due to human activity? 
  3. If it is warming, do the adverse effects outweigh any positive effects?xvii
  4. If the adverse effects of warming outweigh the positive effects, do those adverse effects amount to severe problems or even endanger life on Earth?
  5. If so, when will this occur?
  6. If a legitimate threat exists, what can we do now to mitigate this threat?
  7. If a legitimate threat exists, will our yet unknown future technology sufficiently mitigate this issue before the harm materializes? 


The average person cannot conclude with any certainty on these critical questions.  As such, we must rely on the conclusions of experts working with incomplete information and assumptions.  Further complicating the problem, as is the case with many issues, is that it is relatively easy to find an “expert” who will support virtually any conclusion.  While there remain professional and qualified experts on all sides of this issue, it is reasonable to conclude the preponderance of qualified experts on the climate change issue conclude that the Earth is warming, at least partially due to humans burning fossil fuels, and it is warming at a rate that presents several concerns.  That said, the experts could still be wrong nonetheless.


We should proceed cautiously, with reason, and always based on scientific data rather than with a media-induced panic.  Indeed, a similar panic occurred with the concern of human overpopulation.xviii  The unfounded concern over human overpopulation caused China to foolishly and legally prohibit couples from having more than one child.xix  We now know the alleged problem of human overpopulation was not a problem.xx  This does not mean the issue of climate change is not a problem.  It may well turn out to be a problem we are forced to deal with and resolve.  However, merely because the issue gets lots of attention, as was the case with the alleged problem of human overpopulation, does not mean we should proceed any differently than with a cool head and always based on scientific data and our best judgment.  That said, given the magnitude of the potential harm that could occur if the preponderance of qualified experts is correct, the issue of climate change warrants our serious consideration.  While substantial factual disputes remain in this area, we can analyze this issue with the worst-case factual scenario in mind and conclude that we can resolve these issues without violating the 3L Legal Principle. 


People generally argue the Earth is warming due to the “greenhouse effect,” which traps heat instead of dissipating it into space.  This situation results from, among other things, humans burning fossil fuels and engaging in various agricultural and industrial activities which release certain gasses into the atmosphere.  While the problem may be complex, the solution is not.  Suppose the bulk of the climate change problem results from humans polluting the environment by engaging in conduct that releases harmful gasses into the atmosphere. In that case, we need to look no further than ordinary trespass law to resolve the issue. 


We all trespass routinely.  If a neighbor can faintly hear a sound coming from another neighbor’s property, barely smell their barbecue, or even struggle to see another neighbor’s small light, an actual trespass has occurred.  The same can be said when one person accidentally brushes against another in a crowded elevator.  As with all trespasses, each of these technically violates the 3L Legal Principle.  However, courts of law properly employ the Latin expression “de minimis” to resolve such matters by concluding they are too small or insignificant to be legally actionable.  Said another way, we do not treat them as trespasses because they are generally below the threshold of concern held by reasonable people in that community.  Such issues are simply consequences of living in the world.  While competent adults remain free to contract otherwise, in the absence of such an agreement, deeming these trespasses de minimis and simply ignoring them is the proper course of action.   


However, reasonable minds can disagree in determining when to treat a trespass as de minimis.  As such, we relegate these issues to local communities.  For example, local communities properly enact various noise ordinances suitable for their community’s particularities.  They are actually and properly determining when to deem a certain noise level as an actionable trespass in their community.  For this reason, laws generally tolerate less noise at 3 am than at 3 pm. 


For most of human history, the law treated as de minimis gasses released into the environment.  However, assuming the climate change concerns are correct, this conduct’s cumulative effects are no longer de minimis.  It is, therefore, an actionable violation of the 3L Legal Principle. Said another way, if a person’s behavior releases harmful gasses into the environment resulting in actual harm or substantial risks to others, we should consider this as any other actionable trespass. As with any other trespass, we can properly insist that a trespasser either stop trespassing or purchase the right, otherwise known as a license or an easement, to continue to use another’s property.  We can employ the same remedy to resolve the climate change and pollution-related issues. 


In the case of burning fossil fuels, we can now accurately calculate the amounts of harmful gasses released into the environment from that activity.  We can also approximate the amounts of harmful gasses released into the atmosphere for various agricultural and industrial activities.  Further, we can calculate the cost of removing those same harmful gasses from the environment through biological and geological carbon sequestration methods such as planting trees and storing carbon underground.  Indeed, scientists are currently working on new and more efficient ways to reclaim carbon from the environment. 


By employing these existing and new methods of remediating carbon from the atmosphere and calculating the costs to do so, we can determine the real economic cost of the pollution and the actual economic cost of remediating it.  By offering the trespasser the routine option to either stop trespassing or pay a “trespass fee” for the continued trespass, we can effectively resolve the climate change issue and all pollution-related issues without resorting to violating the 3L Legal Principle in any way.


As with the previous chapter on global pandemics and viruses, I do not intend this chapter to resolve all issues related to climate change or pollution generally.  However, simply identifying where the actions of one person trespass upon or create substantial risks to others is always at the heart of the solution.  There is no cause to abandon our commitment to the 3LP to resolve this issue.  Indeed, simply adhering to it yields the most just and effective result.


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Existential Threats

There is no question that the world is dramatically changing at a rate never seen before.  During the American Revolution, people rode horses for transportation, manually hauled drinking water into their homes, and burned wood for heat.  Muskets and cannons were state-of-the-art weapons.  It was not until 1833 that the White House was outfitted with running water, and not until 1853 was running water available upstairs. 


The current rate of technological advancement is stunning.  Much of it has been responsible for dramatic improvements in living standards worldwide.  However, as with all technology, people can also use these advancements for evil purposes.  We are now faced with serious issues we need to address urgently.  Indeed, we face serious existential threats that need to be carefully thought through to achieve workable solutions before our technology produces devastating consequences that may well be irreversible.  While we waste time bickering about trendy social issues, our time to resolve these most serious issues dwindles.  We flirt with disaster as we continue to ignore the problems that could result in changing life on Earth forever.


While an isolationist position, or a strict policy of non-intervention, may have been entirely appropriate during George Washington’s time, such a position now could lead to the worst possible outcome for humanity.  For most of human history, whatever occurred in some distant part of the world rarely posed any significant threat to people living far away. The world is dramatically different today.  Substantial threats can now effortlessly emanate from anywhere on Earth. 


To be clear, this is not to say intervention is appropriate or justified in all cases.  We should never interfere with another person, or group of people, simply because they violate the 3L Moral Principle.  Indeed, we should always support the legal rights of people to violate the 3L Moral Principle as we encourage and attempt to inspire them to act differently.  However, when someone violates the 3L Legal Principle by creating a substantial threat of harm, that the threat emanates from a distant land is irrelevant to the analysis.  In such a case, we are justified in acting to neutralize the threat.  Whether to act and how best to neutralize the danger if action is required are other questions we must resolve separately and carefully.     

  

While I do not pretend to offer either a comprehensive treatment of these issues or solutions to these most serious and complex issues, I merely seek to draw attention to them to stir enough interest to identify them as top priorities worthy of our immediate attention.  It is not too severe to declare that the future of most or all of human existence may be at stake.  We need to urgently redirect our time, efforts, and resources to resolving these most serious and pressing threats in a way entirely consistent with the 3LP.

Nuclear War


Nine countries currently possess more than thirteen thousand nuclear weapons.  An incredible and unthinkable amount of destructive power is now in the hands of a few imperfect humans.  Our utter vulnerability to a few humans making a fateful decision to intentionally use nuclear weapons is entirely unacceptable.  An equally severe concern is our related vulnerability to a horrible and fatal miscommunication, miscalculation, or accidental launch.  We need to urgently find ways to reduce the overall number of these weapons with the end goal of eliminating them from the planet.  Given their destructive force, these weapons cannot be used without violating the 3L Legal Principle as they are guaranteed to kill innocent people with every use.xxi We must find a way to accomplish our goals in this area.  It must begin with honest and serious discussions.               


Given the amount of distrust, much of it earned, between the leaders of the relevant nuclear-armed nations, it strains logic to imagine they could seriously sit down and negotiate in good faith to achieve these goals.  However, we must succeed.  To that end, we need to rebuild the trust sufficiently to even engage seriously in these discussions.  If we are not trustworthy in the first place, we cannot expect to achieve the required trusting relationship to make real progress.  However, with such a critically important issue, trust but verify should be the rule. 


A related problem with nuclear weapons relates to our rapidly increasing technology.  We should expect that such technological advances will eventually increase the likelihood that manufacturing nuclear weapons could become accessible to anyone who desires to obtain one.  It is not too severe to imagine that if technology emerged today that allowed anyone to acquire a nuclear weapon, we should expect the end of most, if not all, life on Earth in short order. 


We should not doubt there are people alive right now who would be enthusiastic about detonating as many nuclear weapons as possible in our most densely populated cities if they had the opportunity.  Whether these people are motivated to act because of erroneous beliefs, evil intentions, mental illness, or in the heat of passion is irrelevant.  Given that we can expect this technology to come, and we have no way to know when, we must urgently plan now for its arrival.  To this point in human history, we have not been successful in keeping new technologies from spreading into the hands of people who would use them to violate the 3L Legal Principle.  We must urgently find a way to succeed in this area.  Again, this is a global problem in need of a worldwide solution.


We must not send people to negotiate these issues, who are of questionable character and motives.  To that end, we need to reform ourselves so we can improve our politics and priorities to attract people of high character to positions where they can achieve our critically essential goals in this area.  A genuine commitment to achieving a peaceful world would be a good start. 

Synthetic Biology


We now live in a world where scientists can artificially engineer new biological organisms not found in nature.  Scientists can synthesize entire strings of DNA to create complicated and artificial molecular machinery.  As with all technology, we can use it to advance human well-being or impair it.  While we may be able to delay the spread of this technology, we cannot put it back in the box.  Reckless experimentation with new and dangerous organisms, even when engaged in by people with good intentions, is a substantial risk of harm wherever it occurs.  The damage that could result from even an honest mistake in this area justifies our keen awareness of this issue and our best efforts to prevent it. 


Unfortunately, we can expect that people with bad intentions are also busy attempting to engineer new designer viruses that are both contagious and deadly so they can weaponize them to create horrible global pandemics.  Now, information for engineering known deadly viruses from synthetic strands of DNA is readily available on the internet.  Despite our best efforts, information about newly discovered and engineered viruses will eventually be available to people with bad intentions.  It is not sufficient to propound and enforce regulations to prohibit reckless experimentation in this area.  Even careful investigation by people with bad intentions creates a substantial risk of harm.  We must immediately become vigilant in detecting and neutralizing the significant threats birthed by people worldwide with bad intentions.   

As with other dangerous activities, we immediately need comprehensive regulations with effective worldwide enforcement to reduce the possibility that a new and deadly organism is unleashed upon the world accidentally or intentionally.  As with many issues, this is another example of why we need a coordinated global effort at peace rather than simply focusing on our communities or countries.  That this activity is occurring at some distant location is irrelevant.  As we learned from the Covid-19 experience, we now live in a global community.  We cannot bury our heads in the sand and adopt an isolationist position.  We are a global community.  We need more attention and discussion on this issue to implement coordinated, effective, and immediate global solutions. 


Artificial Intelligence


When computer-controlled machines can exceed human intelligence by writing their computer programs and creating their technology, we can say they have achieved artificial general intelligence.  Some describe this situation as the moment intelligence escapes the constraints of biology.  When this occurs, humans will no longer be the most intelligent entities on the planet.  Indeed, humans will almost instantly become incalculably and vastly less intelligent than the artificial entities they created.  This reality is virtually certain to materialize.  I invite you to ponder this possibility for a moment thoughtfully. 


We have no idea when these machines will achieve this ability.  However, we currently live at a time where computing power doubles every two years.  Computers have already achieved the ability to learn, almost instantly, how to play games like chess even better than the most skilled humans.  They can now also learn languages and speak in a way that will someday likely be indistinguishable from human speech.  We simply do not know, and cannot predict, how this technology will evolve and what threats, if any, will arise. 


There is already serious concern that our rapidly expanding technology in this area could pose a serious risk to humanity.  Indeed, several prominent people with specialized knowledge in this area have already started sounding the alarm.xxii  The primary concern in this area is that when computers gain the ability to reprogram and improve themselves, they may decide for themselves what goals they seek to achieve.  This situation could result in computers, now exponentially more intelligent than humans, seeking to attain goals incompatible with human well-being or even existence.  As is currently the case with playing the game of chess, intelligent computers may have an easy time outsmarting humans in a competition for limited resources or even survival itself. 


Consider the growing numbers of autonomous computer-controlled machines, including weapons.  While it may be difficult to imagine these items thinking for themselves beyond what they were initially programmed to do, the modern smartphone was also unimaginable to most people a few decades ago.  We can now easily posit a dangerous superintelligence that escapes the control of humans.  In such a case, humans could potentially be subject to the whims of a supercomputer that has no regard for our understanding of basic morality. 


There remain other varieties of concerns as well.  It is now clear that automated machines can and will soon replace much of the human workforce.  Even now, automated machines can more efficiently accomplish many jobs better than humans.  Undoubtedly, the number of jobs currently filled by humans likely to be replaced soon could be staggering.  We cannot predict what will occur in society when innovative and vastly more efficient computers are accomplishing a wide variety of jobs.  It seems we are destined to find out soon.


Threats to what remains of privacy and related security issues are also serious areas of concern.  People with bad intentions can now avail themselves of more effective technology to assist them with hacking into private accounts, gaining detailed information about others through sophisticated surveillance methods, profiling, and intentional disinformation campaigns to effectively shape what people believe to be true about the world.  Employing facial recognition technology more widely will effectively nullify the idea of traveling or doing anything anywhere, anonymously.  We should expect this technology soon to be ubiquitous.  We are also now vulnerable to “deepfakes,” where technology is employed to make it realistically look and sound as if any person said or did something they did not say or do.  Said another way, we can no longer believe what we see or hear. 


As with the issues of nuclear weapons and synthetic biology, we should immediately engage in much more discussion, debate, and analysis on these issues.  We may not have an option to reverse the potentially disastrous consequences that could occur from the reckless development of this technology.  As with the other issues discussed in this section, local solutions will be ineffective.  We need immediate global coordination to ensure the responsible development of this technology in a way that minimizes the chances of substantial threats to humanity’s existence.   

Unknown Existential Threats


Many more known existential threats require our reasoned attention and thoughtful consideration.  This book is not about existential threats, so I do not endeavor to identify or discuss them all.  Besides, we should expect that we do not currently know about some existential threats.  We cannot predict the future.  Nor can we predict what future technologies will emerge or what threats that future technology will pose.  There may well also be many additional naturally occurring existential threats of which we are now entirely ignorant.  As with the known existential threats, we can reasonably expect these yet unknown threats may also require global solutions. 



These are complex problems.  We need our best and brightest people worldwide working on them in a coordinated way.  To this end, we must pursue a global environment of cooperation, trust, and respect where necessary research can occur and reasonable regulations can be debated, agreed upon, and enforced globally to avoid one of these known or yet unknown existential threats from materializing.  We must remain vigilant about both identifying potential existential threats and minimizing them.  While these are unique problems that have mostly never arisen in human history, we have every reason to believe that each problem has a solution.  As such, we need to think creatively and outside the box.  In any event, we have no option but to address them.  Sooner rather than later, we must come together globally to address these rather substantial problems.  Our failure to address and solve these problems on a global level may well nullify everything else about which we care.  We must urgently direct our collective attention and energies to resolve these most critically urgent and vital issues.



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Cops, Courts, and National Defense

There should be no doubt that a free society and world needs the services of police officers, courts, and national defense.  It is fair to assume that, despite our best efforts, the world will always include aggressors.  While I suspect most people will agree with them upon learning about and fully understanding the concepts underpinning the 3LP, some will not.  For almost three decades, I have represented people in court accused of committing violent crimes.  While some of them can learn from their mistakes and conform their future conduct to the requirements of the 3L Legal Principle, it would be naïve to believe this will ever be the case with everyone.  We will always live among aggressors, and we need to be prepared to determine who is an aggressor and to deal with them appropriately.



The issues surrounding police services, courts, and national defense are among the most difficult.  As these services are indispensable and fundamental to implementing the 3L Legal Principle, they are qualitatively different from all other issues.  Two problems are associated with police services, courts, and national defense in a 3L-compatible world: 1. The funding of services; and 2. The delivery of services. 


Funding 


As has been previously discussed, all taxes violate the 3L Legal Principle.  As such, it is the goal of the 3LM to abolish all forms of taxation.  However, as has also been previously discussed, the road to abolishing all taxes must be traveled carefully, justly, and wisely to minimize the amount of societal harm.  Indeed, some taxes fund earned benefits or unjustified mandatory programs like Social Security upon which many retired people now reasonably rely.  Unfortunately, our world is currently and has always been replete with all forms of taxation supporting countless different services, like national defense that must continue with funds voluntarily derived from other sources.  In chapter seven’s discussion of taxation, I proposed several ways we could continue to fund essential services without taxation.  As we intelligently ween ourselves off our addiction to taxation, the last things we fund with taxes should be police services, courts, and national defense. 


While we should never stop working towards a tax-free world, and we should carefully explore the many alternative ways to fund essential services without taxation, we may never actually achieve the goal of zero taxation.  As was stated previously, neither utopia nor perfection is an option.  If we could achieve a world where we abolish all taxes except for those minimal ones needed to fund police services, courts, and national defense, we would have achieved a world far better than anything that has arisen thus far.

 

To ponder this question in the realities of today’s world is not to think about the question correctly.  We must first envision a world where enough people have accepted the 3LP in their hearts and minds such that we have already achieved the paradigm shift necessary to reach the point where this question becomes relevant.  In such a world, we should expect that competent adults are free to exchange goods and services globally as they see fit consistent with the 3L Legal Principle.  We should also expect that, consistent with everything we know about freedom and free markets, living standards for virtually everyone who seeks to peacefully improve their lives will have increased dramatically. 


  Without victimless crimes, the accompanying law enforcement costs needed to enforce such laws, and much expanded economic opportunities for everyone, we can envision a far less expensive justice system than we have now.  Moreover, we should expect a much more peaceful world where we expend far fewer economic resources on national defense.  People would then be free to utilize their funds for other purposes.  In such a 3L-compatible world, we should expect that even the least wealthy could easily afford all the essential goods and services required to live a healthy, happy, safe, secure, and productive life. 


Even if this were not the case, the dramatically increased economic engine of a worldwide free market would reliably create wealth for the vast majority of people.  Suppose enough of these people were genuinely committed to the aspirational value of voluntary kindness towards others.  In that case, we can rest assured that market-driven charitable services could adequately assist those unable to support themselves.  While we should always maintain our resolve to inspire people to be more virtuous towards others less fortunate, we should not doubt that people will continue to be at least as charitable as they are now.  Together, we can and will care for the less fortunate without forcing people to do so.  The goal of creating a virtuous society is doomed in any event if we cannot have sufficient confidence in the goodness and charity of most people.  We have adequate evidence to feel confident in this area. 


Delivery of Policing, Courts, and National Defense Generally 


Some people are preoccupied with who is in charge of the police, courts, and national defense.  There are good reasons for such concerns, and I share them.  Indeed, human history is replete with examples of people abusing their power, often for personal gain.  This history of individuals abusing power is why dividing the powers to make law, enforce the law, and interpret law between separate legislative, executive, and judicial branches, along with a series of checks and balances for those branches, makes sense and may be indispensable to maintaining a free society.  I certainly favor keeping and possibly even strengthening this vital strategy.  As the British politician, Lord Acton observed in the 19th century, “Power corrupts, and absolute power corrupts absolutely.” 


Despite our best intentions and efforts at dividing power and installing appropriate checks and balances, as I have stated throughout this book, without actually winning a sufficient number of hearts and minds for the 3LP, there is no long-term way to achieve or maintain a free and peaceful society or world in any event.  That said, if we genuinely win enough hearts and minds for the 3LP, I am less concerned with how policing, judicial, or national defense services are delivered.  Said a different way, so long as all laws are in harmony with the 3L Legal Principle and all disputes are handled in courts that operate according to well-established due process principles, I am less interested in who is making or enforcing the laws.  Indeed, our best hope of preserving freedom is having people with the 3LP in their hearts and minds working in important positions. 


Whether laws arise in the private market, as a result of elected officials voting, or even from a 3LP-loving alien who rules the world, that they are in harmony with the 3LP is what should be the focus of our concern.  We can say the same about law enforcement.  Whether a locally elected sheriff, a national police officer, a global police officer, or an alien police force from a distant galaxy enforces the law, that they enforce 3LP-compatible laws with due process should be the focus of our concern.  There is no perfect way to enforce the law, and many difficult questions abound in this area. 


We should think about the military as we do any other service.  Indeed, military services are much like policing services, but on a much larger scale.  Much of what we can say about policing services also applies to the military.  As with policing services, military services involve weapons.  However, weapons, like all items of technology, are neutral.  What is vital about weapons, as with all technological things, is how people use them.  So long as the military uses its weapons for defensive purposes, it does not violate the 3L Legal Principle.  As with law enforcement, whether a government owns the military, or it is a coordinated effort of several countries according to a joint defense agreement, a mix of countries and private contractors, private contractors alone, or a 3LP loving alien is administering it is mostly unimportant.  We should be more focused on why and how we use the military and less concerned about who provides the service.     


One of our ultimate goals with the 3LM should be that wherever one stands on planet Earth, all laws in that place are in harmony with the 3L Legal Principle and fairly enforced with due process.  Indeed, we should want people who violate the 3L Legal Principle to be apprehended and appropriately dealt with, while people who do not violate the 3L Legal Principle to be left alone as a legal matter.  We should not be overly preoccupied with what mechanism people use to discover or draft the laws or who is enforcing those laws.  There is more than one way to accomplish these critical and necessary functions, and no one approach will ever achieve perfection.     

                   

Delivery of Policing Services


People have a well-recognized right to defend themselves.  We call this the right to self-defense.  The right to protect others is also firmly rooted.  In many jurisdictions, private citizens also have the right to arrest others who have engaged in criminal activity.  We generally call this a “citizen’s arrest.”  As an attorney, I generally advise people to be extremely careful about arresting others for committing crimes.  Indeed, it is often a terrible idea.  Besides being responsible for caring for the arrested person in their custody, erroneously arresting another person gives rise to substantial civil damages for false imprisonment or possibly even criminal kidnapping charges.


Because we have a right to defend ourselves and arrest criminals, we can also delegate those rights to others and employ them for that purpose.  We generally call people employed for these purposes “police officers.”  A governmental agency usually hires them.  Besides the admittedly substantial issues of taxation and victimless crimes, such an arrangement does not violate any aspect of the 3LP.  Because private citizens are liable for erroneously acting in what they believed to be self-defense or erroneously arresting another person, so should the police officers they employ.  Said another way, we should abolish all versions of qualified or absolute immunity for all police officers.  They can undoubtedly obtain malpractice insurance as many other professionals do if they make mistakes.  Their employer often indemnifies them in any event.     


While there is no need to abolish government police officers, there is nothing about the laws of the universe that prevent police officers from being privately employed either in addition to or instead of government police officers.  The police function is a service like any other.  Neither the economics applicable to the industry nor the value of competition within the industry differs in any way from any other service industry.  We have privately funded people who essentially and appropriately currently act as police officers.  Many off-duty government police officers are also often employed by private companies.  The number of privately funded security workers now dwarfs the number of governmentally funded security workers.xiii  While different jurisdictions have different rules in this area; there is no reason why the main difference between a private police officer and a public police officer could simply be who is signing their paycheck. 


It is not beyond imagination that a local jurisdiction could contract with a private corporation to provide and operate a local police department.  Indeed, this is successfully occurring now.xiv  There are many possibilities to secure the best personal protection agencies or police services at competitive prices.  Currently, privately retained security services are already very popular.  The businesses that often employ them are free to hire other companies if they are unhappy with the cost or services provided.  Some local communities may opt to maintain a local government-run police department.  However, other communities may outsource their local police services to private corporations with proven track records for effectively delivering policing services at reasonable prices in different communities.


Because private corporations will seek to have their contracts renewed, they will seek mightily to satisfy their customers.  Other private companies will compete to obtain the contract if they do not.  Outsourcing has already proven successful for ambulance, fire, and other utility services.xv  There is no need for protests demanding to defund the police.  Instead of attempting to reform local police agencies that are not meeting the demands of the people in the local community, that community could instead simply contract with a different police department that operates more consistently with what the community desires.   


Whether a local jurisdiction opts to form its police department and employ people to act as police officers or to contract with a corporation to provide policing services ought to be the sole decision of the people who live in that local community.  Some have opined that people could hire private protection agencies, and market forces alone will determine questions of both jurisdiction and law.xvi  While we have few or no real-world examples of such an arrangement, nothing about this approach violates any aspect of the 3LP.  Indeed, we could expect that people may have different preferences for how policing services are delivered and the level of service they expect from police officers. 


Policing is undoubtedly a critical service for a free society.  It is difficult to imagine a free and civilized society without some form of formalized police protection against aggressors.  What ultimately is determined to be the best way to offer and administer police services is not a question we must resolve here.  It would suffice to say that people can organize their lives, and their police protection services, in any way they choose so long as they do not violate the 3L Legal Principle.  We should think outside the box in this area to leverage market forces in ways that people receive the services they desire at the most efficient cost.


Delivery of Court Services


As with policing services, the same issues arise with court services.  Many of the same possible resolutions apply as well.  Many civil disputes are resolved with private arbitrators now.  Private arbitration is a fast-growing area.xvii  Many contracts provide arbitration clauses specifying how to resolve conflicts and who will resolve them.  Even the law that applies to any dispute can, and often is, selected in advance.  We call such provisions “choice of law clauses.” 


Regarding the criminal justice system, many jurisdictions now contract out both prosecutor and defense services to private attorneys.  Indeed, for much of my legal career, even as I have always been a private criminal defense attorney, I have agreed to represent indigent defendants charged with federal crimes pursuant to a contract for my criminal defense services.  Many jurisdictions have chosen not to have an official public defender’s office but rather to offer contracts to private criminal defense attorneys.  Indeed, this is quite common.  Many private criminal defense attorneys have also agreed to serve as judges in criminal cases, often on a volunteer basis.xviii  This is also quite common.  We have private prisons, which, in my experience, function at least as well as the ones owned and run by the government.  Unlike government prisons, if the private prison fails to perform as expected, we can simply contract with a different provider when the contract expires.  Competition always results in the best good or service at the most efficient price.     


There are many good reasons to conclude we could privately contract for every service needed to efficiently and fairly administer a criminal justice system.  Much of this is occurring right now very effectively.  That said, as is also the case with police, there is no reason a local government could not effectively administer some or all of the criminal justice system in total compliance with all aspects of the 3LP.  As with policing, we need not resolve which approach is best.  So long due process is satisfied, either method could be employed consistently with all aspects of the 3LP. 

Delivery of National Defense Services


The national defense issue is also very similar to the issues involved in policing, except on a much larger scale.  As with policing and courts, other than the issue of taxation, we can obtain national defense services entirely consistent with the 3LP, whether administered by a government, privately or with a combination of the two.  As local police departments now have mutual agreements with other police departments in different locations for cooperation, there is no reason to believe they could not also contract for protection services on a much larger scale.  Countries can, and often do, enter into joint defense agreements to protect each other.  There is nothing about this approach that necessarily violates the 3LP in any way.   


As with the question of funding, we should view and analyze this issue in the context of a 3LP-compatible world.  We should imagine a world where most multinational corporations have a financial interest in maintaining peaceful trade and act accordingly.  Additionally, people in business who freely trade in different countries with other business people also have a substantial financial interest in keeping the peace.  Peace through expanded free trade with as many countries as possible is undoubtedly an effective strategy we should enthusiastically pursue. 


We have reason to expect our needs for national defense would be far less in a 3LP-compatible world.  Besides the peace dividend we would realize by expanding free trade as wide as possible, winning hearts and minds to oppose all forms of aggression would further reduce the urge to use force to achieve political goals.  That we can reduce substantial threats to our national security by increasing free trade and advocating for the 3LP does not mean we can eliminate them.  It is unlikely we will ever succeed at eliminating all substantial threats worldwide.  As such, we must be well prepared to deal with them.


Nothing about working for peace is inconsistent with having a strong military for national defense purposes.  Because the realities of the world are such that, notwithstanding our best efforts at achieving world peace, we should expect for the foreseeable future, we will face substantial threats from aggressors located anywhere in the world.  Unfortunately, technology is such that smaller groups of aggressors are now more able to inflict more significant harm worldwide.  We must prepare to defend against this reality successfully.  We should not pretend we do not need a strong military for national defense.  We should remain open-minded and think outside the box to determine how we can most effectively defend ourselves against ever-evolving threats from virtually anywhere in the world.  Advocating for a 3LP-compatible world and engaging our best and brightest from both private and government sectors is our best chance of defending against the real and ever-evolving substantial threats accompanying our ever-increasing technological advancements. 

It is important to note that national defense is solely about defending a group of people who live in a particular geographic area.  It is not about protecting others who live in different geographic regions.  While defending people in different geographic locations can be done consistently with the 3LP and may be a worthwhile moral goal, this subject is discussed in the next chapter on foreign policy because it is not part of national defense.  We should not confuse the two different projects.  Without defending the geographic area in which we live from aggressors who seek to destroy or occupy it, working on calibrating all laws to be in harmony with the 3L Legal Principle would be a waste of time.  Effective national defense is not an option.  It is an unfortunate necessity and reality of life.  Advocating for peace does not require one to be a pacifist.     



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Foreign Policy

We should continuously pursue policies reasonably calculated to achieve peace with all nations.  Given today's weaponry, this should be a top priority for all people living in all nations.  Most people living in most countries desire peace.  While people look different in distant parts of the world, eat varied foods, celebrate other holidays, and have alternative beliefs and traditions, they are more similar than different in the ways that matter most.  However, the people who run the governments of various countries can diverge fundamentally.  How we analyze the actions they take as leaders of their countries gives rise to two foreign policy approaches. 


One approach views and analyzes countries' actions as if they are individual entities acting over long periods, even many generations, of time.  I will refer to this approach as the “individual country” approach.  The other method analyzes only the actions of the individuals controlling the mechanisms of government in a particular country, independent of the actions of other individuals who managed those governmental mechanisms years or generations ago.  I will refer to this approach as the “individual ruler” approach. 


For example, the “individual country” approach would analyze what the United States did during WWII and in all of the foreign military conflicts following that war to render an opinion about the foreign policy of the United States as a single entity.  The “individual ruler” approach would hold only the individual people in charge of the mechanisms of government responsible for what they did when they were in power. 


I prefer the individual ruler approach because people should be held accountable for what they do and not for what others did, often before their birth.  Also, all countries are simply collections of individual people.  We should not pretend countries or governments are like people who can be held accountable for their actions.  To be fair, most people living in a country have no control or influence over what the people running their governments do.  We should judge the people who control the mechanisms of government and the people who knowingly assist them as responsible for what they do while in control. 


This distinction is important because virtually all countries have aggressed at some point at the direction of their government officials.  Using the individual country approach, one could argue that all countries are aggressors.  As a result, any military action taken against any country could be argued as defensive and justified based on their past aggressions and assumed current substantial threat.  People could attempt to use this approach to justify endless military actions in response to earlier aggressions.  Unfortunately, the history of humanity includes countless aggressions of all types.  Everyone is associated with a group or country that has been aggressed against and upon at different times.  We must stop the cycle of aggression and the holding of longstanding grudges.   


We should acknowledge that perfect justice is not an option while we smartly move towards peace as quickly as possible.  It makes sense to forgive and forget past aggressions of all countries and focus on ending all present aggressions and avoiding future ones.  To that end, it may make sense to enter into a mutual international agreement with as many countries as possible to maintain the present borders of all nations and jointly defend them.  We could expect that when enough countries agree to such an arrangement, we could sufficiently deter others from ever invading another’s borders.  At some point, the world's nations should strive to be united, at least on the issue of keeping the peace.  The reasonable humans of the world are indeed on the same team.   


Another recurring foreign policy issue relates to the question of whether to assist people living in foreign countries who are being aggressed upon by people controlling their own or the governments of other countries.  As has been previously discussed, people have the right to defend others if they choose.  That said, using one country's military solely to protect people in another country is not national defense.  National defense should be the sole purpose for any government or country to maintain an official military force.  While assisting oppressed people in another country is a worthy moral goal, governments should not pursue moral goals.   


However, private citizens should be permitted to do whatever they want so long as they do not violate the 3L Legal Principle.  As such, they are free to personally travel to foreign countries to defend others from aggression, send money or weapons, and employ others to do what they are also permitted to do.  As with all people's actions, if they are mistaken about the facts or do anything to aggress against others, they should be held accountable. 


A significant benefit of having private citizens acting to assist others in foreign countries to repel aggression is that they do not represent anyone but themselves.  Private action likely avoids setting in motion a chain of events that could greatly expand a conflict to other countries.  As private citizens in one country act to assist others in a foreign country to repel aggression, their government and its nation’s military can remain officially neutral, significantly decreasing the chances that an entire nation gets dragged into an escalated conflict.  Private citizens spending their own money is also the best way to gauge real support to assist others in foreign countries.  If private citizens are unwilling to spend their own time or resources to help others in a foreign country, the cause may not be sufficiently worthy. 


If private citizens generate enough money, we should expect private corporations to offer professional military organizations to serve the interests of private citizens who wish to hire professionals to assist victims of aggression in foreign countries.  Suppose the market of private citizens desiring to help victims of foreign aggressions is substantial.  In that case, we should expect a powerful private military organization to defeat most small ruthless dictators worldwide.  Indeed, the mere threat of action from a private military could deter such dictators from acting in the first place. 


Using private, for-profit corporations providing military services, we can assist victims of aggression worldwide while government militaries remain neutral.  At the same time, the market of concerned citizens will determine whether military intervention in a foreign country is a worthy cause measured by whether they are willing to spend their own money on it.  Private citizens who live in 3LP compatible countries will undoubtedly have more expendable resources to use for such purposes.  As such, we should have reasonable confidence that the private citizens of the world will muster more significant private military muscle to defend against aggressors than those who seek to aggress in the first place.


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Civil Law Issues

This book focuses on improving our legal system and inspiring people to act ethically so we can achieve a free and peaceful world.  As I have previously mentioned, the 3L Legal Principle is insufficient to underpin the entirety of a legal system.1  Nor is the 3L Moral Principle sufficient to underpin the whole of a person’s morality.xix  However, as I have previously discussed, adherence with the 3LP generally is necessary for either to be just and effective.  Without adopting the 3L Legal Principle as the basis of our legal system, we necessarily permit legalized and institutionalized aggression.  With laws that allow the initiation of aggression, we can never achieve peace.  Both a legal system and a system of morality have other objectives than merely prohibiting aggression.  Principles such as due process and fundamental fairness, equity, separation of powers, reasonableness, an underlying property rights theory, and countless statutory construction rules are needed to constitute a complete criminal and civil justice system. 


As I have previously stated, criminal law is the center of the battlefield for the person committed to the 3L Legal Principle.  Abandoning all victimless crimes would go a long way to improving all criminal justice systems worldwide.  The person committed to the 3L Legal Principle, as well as a fair and just world, should give some thought to other areas of the law which necessitate employing other fundamental commonly accepted moral principles related to, but never inconsistent with, the 3LP.  Indeed, much of tort law and contract law help resolve less serious violations of the 3L Legal Principle as described in chapter five.  However, as with all areas of law, other related principles are involved.  Some of these basic fundamental moral principles, which mainly apply to areas of civil law, could be loosely described with the phrases:

“Do the Right Thing”

“Act Fairly”

“Act Reasonably”

“Keep Promises”

“Be Trustworthy”

“Be Responsible”

 Correct fundamental principles act in harmony with each other.  Employing these basic fundamental principles never necessitates violating the 3LP.  Effective and fair civil laws conform with both the 3LP and the above principles.  As with all our laws, we should intelligently fashion them to allow competent adults to both define and pursue their happiness while seeking to minimize human suffering generally.     


  1. Contract Law

 Generally speaking, a contract is simply a meeting of the minds between competent adults to exchange enforceable promises.  In a free society, competent adults ought to be free to exchange enforceable promises involving their bodies, property, money, and time.  Most civilized countries already have a long tradition of defining, interpreting, and enforcing contracts between competent adults.  In the United States, much of the law involving contracts is already consistent with the 3LP. 


However, because many people fail to recognize the critical distinction between legal and moral rules, the moral conclusions of some people have been forced upon us all in some areas of contract law.  For example, otherwise valid contracts involving drug sales, gambling, prostitution, assisted suicide, and even many aspects of employment contracts are often unenforceable because they violate the moral views of someone who is not a party to the contract.  So long as nobody violates the 3L Legal Principle, competent adults should be free to contract with their property as they see fit. 


Interpreting contracts and settling disputes are increasingly the roles of privately retained arbitrators.  Because contracts are planned transactions, parties often decide how to resolve disputes and calculate damages for breach.  Sometimes parties to a contract insist on a bond or valuable collateral to be held by a trusted third party and distributed in the event of a breach.  There are other creative and voluntary solutions as well.  There is frequently very little, and often no role, for government involvement in contract matters.     

The freedom to contract is a core fundamental freedom necessary for a free and peaceful world.  As with other areas of the law, there are some nuanced issues for local communities to decide on, such as competency to enter into a contract, issues regarding small print and boilerplate text, emergency issues, and defining the contours of what precisely constitutes fraud and coercion.  We should always seek to calibrate the law not to permit any 3L Legal Principle violation while encouraging competent adults to peacefully enter into whatever they deem win/win agreements as often as they prefer.  That competent adults are free to peacefully contract involving any aspect of their body, property, money, or time is the end of the analysis for the person committed to the 3L Legal Principle.  What they contract for, even if it is unwise, unhealthy, or immoral, is their business.  We are free to attempt to persuade them to adhere to the 3L Moral Principle, but they remain free to disagree.     


  1. Property Law

As was discussed in more detail in chapter four, the entire 3L Legal Principle analysis requires a preexisting underlying theory of property ownership.  However, the 3LP advocate needs merely to establish an agreement with the concept that competent adults own themselves to support much of the required underlying theory of property ownership.  Many people have already eloquently made a case for self-ownership.xx  If competent adults own themselves, we can easily deduce most of the balance of the underlying theory of property ownership. 


Ownership essentially means the right to make decisions over the property to the exclusion of all others.  If you do not assert a claim to owning yourself, what objection would you offer if another person sought to lay claim to your body or life?  Suppose we all agree on self-ownership and all the implications that flow from this conclusion, such as the right to peacefully trade your labor in exchange for money that you would then similarly own.  There remain other essential property rights issues that local communities must reasonably decide. 


For example, issues arise over what constitutes the elements, proper delivery, and recording of a deed.  Without resolving these questions, disputes arise over who is the rightful property owner.  There are many other issues for local communities to resolve involving real estate purchase agreements, mortgages, recording acts, landlord-tenant law, estate issues, concurrent ownership of real property, covenants, easements, and dealing with various trespasses, including what trespasses are considered di-minimis.  While we can resolve these issues in different ways without violating the 3L Legal Principle, simply adhering to the 3L Legal Principle does not resolve any of these issues. 


Different communities have adopted various solutions to these issues.  In many cases, there is no one correct answer.  Local communities have arrived at slightly different approaches to these issues without violating the 3LP by employing the other fundamental principles described in this section.  Indeed, other than some concepts involving adverse possession and eminent domain, very little in property law, as it is currently interpreted and enforced in American jurisprudence, would need to be altered to achieve a just, free, and peaceful world. 


  1. Tort Law

A “tort” is a civil wrong, other than a breach of contract, that causes a person to suffer damages or some other type of harm.  Torts can be intentional, such as assault, battery, false imprisonment, and intentionally inflicting emotional distress.  Torts such as civil fraud can also cause economic harm.  As was discussed previously, most of these intentional torts also amount to a serious violation of the 3L Legal Principle.  We often deal with them as criminal violations and civil tort claims.   


Torts can also be of the unintentional variety, such as negligence.  A person acts negligently if they act unreasonably.  If one person’s unreasonableness causes harm to another person or their property, then the tort of Negligence has been established in most cases.  While these are less serious violations of the 3L Legal Principle, they are violations nonetheless and therefore subject the tortfeasor to formal civil consequences.  As with contract and real property law, most of the existing laws in American jurisprudence regarding tort law are compatible with the 3L Legal Principle.  As with many areas of the law, other fundamental moral principles, which are entirely consistent with the 3LP, are necessary to resolve these issues.     


As is the case now, local communities must resolve many issues in tort law without connection to the 3L Legal Principle.  These issues include the scope of the duty owed to act reasonably as applied to people in varying different positions, products liability issues, whether strict liability ought to apply in any circumstance, and how to determine “proximate cause” such that liability does not extend too remotely, comparative fault questions and what properly constitutes a valid assumption of risk.  There are many other issues as well. 


Merely adopting and complying with the 3L Legal Principle does not resolve these issues.  Local communities must determine which rules best promote the related fundamental principles described in this section.  For the most part, the person committed to improving the world by promoting the 3LP and world peace has little quarrel with existing tort law in the United States. 


  1. Trials, Appeals and Evidence Law

Legal issues surrounding trials, appeals, and what evidence should be admissible in court generally do not involve a 3LP analysis.  Instead, these are the essential rules to govern the procedure by which we settle legal disputes.  There are many different ways to resolve disputes.  An adversarial justice system, where the parties each present their best case to a neutral decisionmaker, is probably the most effective way to find the truth and get the correct result.  Indeed, while there is room for improvement, the rules we have now in these areas are generally pretty good.   


To be fair, we cannot expect perfection in any area from either a criminal or civil justice system.  This conclusion remains true even if we perfectly calibrate all our laws around the 3L Legal Principle and related principles as suggested in this book.  We should expect a certain percentage of people in any given profession or area to act corruptly and in bad faith.   Because administering any justice system will always involve people, some of whom will be dishonest, we will never achieve perfection.  Perfection should, therefore, not be the yardstick by which we measure.  Undoubtedly, America’s current criminal and civil justice systems do not always get the correct result.  The existing systems could undoubtedly be improved and refined.  We should discern between a problem with the system’s rules and a problem with some of the people administering those rules.  They are different problems.  As a practicing criminal defense attorney for almost three decades, I have many opinions and suggestions on how best to improve America’s adversarial justice systems.  In this area, there is room for reasonable minds to disagree.  There are also many judgment calls and public policy considerations that are best left to local communities to determine.

 

 The differences in opinion on these issues do not prevent us from achieving a free and peaceful world.  We can resolve many of the substantial problems in the criminal justice system if we calibrate our laws around the 3L Legal Principle.  This calibration would result in a sharp decrease in the overall number of cases.  The current crushing volume of unnecessary cases, mainly resulting from the supremely foolish war on drugs, which are processed in the justice system by prosecutors, public defenders, judges, and many others, always result in less attention given to many cases worthy of closer and more reasoned inquiry.  In such a busy environment, it is easy to understand how errors occur that otherwise would not if all parties in the system expended sufficient time, energy, and resources on only the proper cases where someone adequately alleges a violation of the 3L Legal Principle. 


We anchor many other procedural rights such as the right to remain silent, the burden of proof, the right to confront and cross-examine witnesses, the right to be represented by a competent attorney, and the right to appeal on other fundamental principles described in this section.  While always in harmony with the 3LP, they are derived from other basic principles.  Assuming we could better align our substantive laws with the 3L Legal Principle, our current laws and rules surrounding how we conduct trials, appeals, and admit evidence would not stand in the way of achieving a free and peaceful world. 


We can say the same about the civil justice system.  Simply aligning civil laws around the 3L Legal Principle would also result in a much lower volume of cases in the system.  Many coercive civil laws exist in employment law, tax law, worker’s compensation law, social security law, elder law, and bankruptcy law.  We should immediately abolish all laws inconsistent with the 3L Legal Principle.  As such, all disputes over how these coercive civil laws apply would evaporate and dramatically decrease the overall caseload in the civil justice system. 


The question of how best to resolve disputes has been carefully evolving for centuries.  While there remains room for improvement, we should be proud of the legal and procedural mechanisms which have developed as part of a diligent effort to achieve fair hearings, trials, and appeals in many civilized countries.  Our focus should not necessarily be on how best to improve the mechanism for resolving the dispute but on correcting the substantive law that is at issue in many current legal controversies.


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Biography

Marc Victor was born in Quincy, Massachusetts. He served in the U.S. Marine Corps from 1985 to 1992. Victor earned a bachelor’s degree from Arizona State University in 1992 and a J.D. from Southwestern University School of Law in 1994. His career experience includes working as a criminal defense attorney. Victor has been affiliated with the Live and Let Live Foundation.

Marc Victor (Libertarian Party) is running for election to the U.S. Senate to represent Arizona. He declared candidacy for the general election scheduled on November 8, 2022.


2012

See also: United States Senate elections in Arizona, 2012

Victor ran in the 2012 election for the U.S. Senate, representing Arizona. He was defeated by Jeff Flake (R) in the general election on November 6, 2012. His other opponents in the race were Richard Carmona (D) and Ian Gilyeat (I).


2022

Ballotpedia survey responses

See also: Ballotpedia’s Candidate Connection


Victor completed Ballotpedia’s Candidate Connection survey in 2022. Click here to read the survey answers.

Join The Live And Let Live Movement

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