Theory of ethical legislation in the US

Life, liberty, and property are the only concerns of the law.
Legislation should prioritize life, liberty, and property in that order.
Legislators should omit individual agendas.

An act which is heinous; causes measurable harm to another's life or liberty. Always results in a prison sentence. No disenfranchisement – a check against overzealous legislators. Causes loss of “responsibility required” civil liberties, unless the law is later overturned. Prosecutors cannot plea bargain into a felony charge from a non felony charge.

– Acts which would have been felonies in a causal chain of events, if a third party had not intervened.
– Acts which constrain another's life or liberty without measurable damage.
– Acts which involve theft or destruction of another's property.

Misdemeanors can be assigned community service, fines, or restricted jail periods.

All other acts which some party claims victimization in are tried in civil court. This prevents encoding subjective morals into criminal law, because ultimately the law must have a basis in protecting at least one of life, liberty, or property to avoid being thrown out. Civil court thrives on case law, and case law which becomes archaic can be overturned by new rulings.

An exception to criminal law is the reflexive case. In other words, it is impossible for an individual to victimize himself by definition. Therefore, suicide and many other current “immoral” acts cannot be illegal. In the case of suicide, the body is left to the victim's estate.

Acts that do some nebulously defined harm, such as things that harm “society”, where a victim cannot be identified, are strictly for civil courts.

“Responsibility required” civil liberties: Liberties which a citizen of a free society enjoys, but which have potential for harm to others in certain circumstances. Handgun carry; recreational drugs; prostitution, etc. Providers of such are regulated by the state to ensure that ex-felons do not have access to these. Existence of regulated providers should keep black markets out of business.

Leave a Reply