The crime conundrum essays on criminal justice

Work not for a reward; but never cease to do thy work. The Bhagavad Gita2:

The crime conundrum essays on criminal justice

Locke gives the following version of the NAP: I do not add 'within the limits of the law', because law is often but the tyrant's will, and always so when it violates the rights of the individual. The first law was "hurt no man" and the second was "then do as you please".

In a civilized society, force may be used only in retaliation and only against those who initiate its use. Violence may be employed only against the man who commits such violence; that is, only defensively against the aggressive violence of another.

In short, no violence may be employed against a nonaggressor. Here is the fundamental rule from which can be deduced the entire corpus of libertarian theory.

The crime conundrum essays on criminal justice

Some modern libertarian thinkers ground the non-aggression principle by an appeal to the necessary The crime conundrum essays on criminal justice presuppositions of any ethical discourse, an argument pioneered by libertarian scholar Hans Hermann Hoppe.

They claim that the act of arguing for the initiation of aggression, as defined by the non-aggression principle is contradictory. Among these are Stephan Kinsella [18] and Murray Rothbard.

Some advocates base the non-aggression principle on rule utilitarianism or rule egoism. These approaches hold that though violations of the non-aggression principle cannot be claimed to be objectively immoral, adherence to it almost always leads to the best possible results, and so it should be accepted as a moral rule.

There is an emerging Biblical argument that the natural rights of Locke, Rothbard and others are most truly derived from the Biblical principles of self-stewardship and the image of God in man.

Update: 2013-201

The rights to life, liberty and property derive from the fact that God has granted each person to be the steward of himself and none other, granting him the human authority to manage his own life and property, which morally requires him to do so according to God's Law, but civilly requires him to respect the dignity and property rights of his neighbor.

The Biblical purpose of civil government is to serve on behalf of individuals who have had their life, liberty, or property violated by another.

Some derive the non-aggression principle deontologically by appealing to rights that are independent of civil or social convention. Such approaches often reference self-ownershipethical intuitionismor the right to life.

Ayn Rand rejected natural or inborn rights theories as well as supernatural claims and instead proposed a philosophy based on observable reality along with a corresponding ethics based on the factual requirements of human life in a social context. For this reason, many of her conclusions differ from others who hold the NAP as an axiom or arrived at it differently.

She proposed that man survives by identifying and using concepts in his rational mind since "no sensations, percepts, urges or instincts can do it; only a mind can.

The crime conundrum essays on criminal justice

Stephan Kinsella believes that the legal concept of estoppel implies and justifies the non-aggression principle. One important question to determine whether or not abortion is consistent with NAP is at what stage of development a fertilized human egg cell can be considered a human being with the status and rights attributed to personhood.

Some supporters of NAP argue this occurs at the moment of conception. Others argue that since they believe the fetus lacks sentience until a certain stage of development, it does not qualify as a human being, and as such may be considered property of the mother. Opponents of abortion, on the other hand, state sentience is not a qualifying factor.

They refer to the animal rights discussion and point out the Argument from marginal cases that concludes NAP also applies to non-sentient i. Objectivist philosopher Leonard Peikoff has argued that a fetus has no right to life inside the womb because it is not an "independently existing, biologically formed organism, let alone a person.

Libertarian theorist Walter Block follows this line of argument but makes a distinction between evicting the fetus prematurely so that it dies and actively killing it see Libertarian perspectives on abortion.

Pro-life libertarianshowever, argue that because the parents were actively involved in creating a new human life and that life has not consented to his or her own existence, that life is in the womb by necessity and no parasitism or trespassing is involved see also legal necessity.

They state that as the parents are responsible for that life's position, NAP would be violated when that life is killed with abortive techniques. Supporters of NAP disagree on whether it should apply to intellectual property IP rights as well as physical property rights.

Anarcho-capitalists usually respond to this argument that this presumed outcome of coercive competition e. PMCs or PDAs that enforce local law is not likely because of the very high cost, in lives and economically, of war. They claim that war drains those involved and leaves non-combatant parties as the most powerful, economically and militarily, ready to take over.

Anarcho-capitalists aligned with the Rothbardian philosophy generally contend that the state violates the non-aggression principle by its very nature because, it is argued, governments necessarily use force against those who have not stolen private propertyvandalized private propertyassaulted anyoneor committed fraud.

The latter therefore accept taxation, and consequently a breach of NAP with regard to any free-riders, as long as no more is levied than is necessary to optimise protection of individuals against aggression. Please help improve it or discuss these issues on the talk page.

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Request This. Title The crime conundrum: essays on criminal justice / edited by Lawrence M. Friedman and George Fisher. Format Book Crime: public policies for crime control. HVC Crime and public policy. Fifteen historians, sociologists, criminologists and legal scholars examine the capacity of the US criminal-justice system to contain crime.

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