|
|
||
Tyranny of One, Tyranny of AllCapital PunishmentWritten by Darrell Anderson. Is capital punishment right or wrong? I don’t know. However, I derive my answer not because I am wishy-washy or evasive, only that I cannot answer the question for anybody but myself. Let me explain. I believe the fundamental principle for human action is do not trespass. An easy principle to remember and understand, but often difficult for humans to live by. Humans often tend to distort and pervert natural self-interest into greed, and that distortion tends to lead to nefarious and calamitous results. The question regarding capital punishment is whether such punishment — death — is appropriate for certain trespasses. First, let us define a crime. Primarily a crime is not an act that upsets “societal order,” or is an offense against “the state” or “the people.” Such terms are ambiguous and meaningless, and I might add — subjective. A crime is an intentional trespass and that is all. If I break your kitchen window accidentally while playing ball, I have trespassed against you but not violently or intentionally. Nonetheless, accident or not I am obliged to provide you restitution. You might decide that because you have purchased insurance against such accidents that I need not provide any compensation or restitution, but only you may render that decision. If you decide not to use your insurance to repair the damage, then I must be prepared to remedy the situation. If I rape your wife or daughter, I have trespassed against that woman. The difference between this example and the broken window is one of intent and results. A rape is an intentional trespass. Similarly, I might be traveling by automobile through your neighborhood, and doing so in a safe, reasonable, and prudent manner. Unfortunately, without any warning to me your son runs into the street to retrieve a ball and I kill your son with my car. I have killed, not murdered, and obviously without intent and fully by accident. Did I trespass or did the boy trespass to cause the accident? Do you see the difficulty in answering such a question? That is why such incidents are called accidents — nobody plans them or can plan for them, at least not to the point of diminishing returns. However, if I had walked toward your son, and then beat the boy to a pulp and thereby deprived your son of his life, I have intentionally and violently trespassed. In all of these examples, which acts deserve capital punishment? My answer is I don’t know. Only you do. The rape and intentional murder generally raise arguments to justify capital punishment. However, the critical challenge with this entire issue is that people operating within the illusion of statism have no standing to determine the punishment. Only the victim or the victim’s heirs have such standing. Statists certainly could play a role through which adjudication is provided, evidence and facts determined, and then issue a declaratory decision about such acts, but the statists have no standing to say how those declarations should be enforced. Only the victim or victim’s heirs have that standing. Therein lies the straightforward solution to capital punishment. Let the victim or victim’s heirs appeal to an adjudicative process. Let that process serve as a declaratory way for a community of people to recognize the rights of the victim or heirs. If the victim or heirs sought capital punishment, and the adjudicative ruling (with reasonable safeguards and appeals) declare that the victim or heirs have standing to seek such punishment, then the people in that community agree not to interfere with the rights of the victim or heirs. So who gets to inflict the capital punishment? Not “the state,” but only the victim or the heirs. They and only they are the ones who sought death as a remedy. Thus, they and only they are the ones qualified to inflict that punishment. They and only they are the ones who must cast the stones. Of course, the next logical question is why shouldn’t all complaints of trespass function this way? Gee, if you asked that question, then you’re catching on and just might become an anarchist! Finis. Next: Holidays |
||