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Proposal - Part 2

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Natural Law Matters

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 In proposing a Commission of Justice, ii is essential to define its prime tasks. 

Many circumstances and accidents can temporarily or definitively destroy or limit a person’s organic freedom, but it is the just or unjust actions of a person, that upholds or violates another person’s real freedom. 

Retaliatory Force

Remember that a “right” is the right to act, thus right of protection is morally self evident. 

"Since Man has inalienable individual rights, this means that the same rights are held, individually, by every man, by all men, at all times. Therefore, the rights of one man cannot and must not violate the rights of another.

For instance: a man has the right to live, but he has no right to take the life of another. He has the right to be free, but no right to enslave another. He has the right to choose his own happiness, but no right to decide that his happiness lies in the misery (or murder or robbery or enslavement) of another. The very right upon which he acts defines the same right of another man, and serves as a guide to tell him what he may or may not do. Physical force may only be used to retaliate against those who initiate force." —Source

Mental and physical effort that restrains or causes initiated violence to cease, is not of the same morality. Initiated force causes destruction; retaliatory force ceases destruction. Initiated force and retaliatory force are morally opposed.

Morally and lawfully, one may never initiate force. One may use force only to retaliate against those who first start the use of force, and use only that necessary to arrest the initiated force. Destruction is destroyed. Morality and justice are both served by retaliatory force, and this cannot be underestimated. Tasks for the police are clear.

Right to Freedom

1 Police forces cannot lawfully use their weapons and coercive powers for anything other than maintaining law; this being defence of the natural rights of people and remedying the violation of individual rights.

2 Courts of law, and police forces, do not constitute and are not incorporated into a coercive monopoly. Everyone has the right to defend themselves and their property. 

3 Because people themselves, and the Commission of Justice are committed to equal justice, for all people, there is no political distinction between subjects and rulers because none of either exist.

4 There is no government or coercive body. There is no governing or taxing of people, period. 

5 People are not only free to govern their own affairs, they are impelled so to do because there is none other to pick up the tab. They may do so individually, or in voluntary association with others, or by contractual arrangements. People are enabled to master their own affairs, leaving others independently free to govern their own affairs, and all are behooved to responsibly ensure that condition remains.

Collaborative justice of the kind described here can only survive if the commitment to justice is sufficient to defeat the efforts of those who use aggression, coercion, or fraud to unlawfully advance their ends, including their escape from justice, and evasion of responsibility, including liability for their evil means and wrongs they have caused others.

Remembering that Man is his own protector, the Commission of Justice is none other than an aggregation of the will of the people to live justly, and maintain justice; a political contrivance of justice, absent political rule. No privileges or special powers apply to those who comprise the Commission of Justice. It is not the rule of Judges, or legislators, or any other person(s), it is the rule of natural, immutable law. That is all. 

Police

Police personnel are required to act as an agent of Man’s self-defense, and, as such, may resort to force only against those who start the use of force. There will have to be a complete retraining of all police personal to take them from “bullies” to “protectors” and to know the difference. Those with aggressive tendencies will be asked to leave the force because the force will not be with them. Police must restrain the use of force in any situation where the individual they are dealing with might be deaf, handicapped, or may not speak the language of the police who are dealing with them at the time. Deadly force may only be used if the life of the officer is endangered and then as a last resort. They may return fire if fired upon.

Swat tactics are to be the option of last resort. They cannot be used to break into one’s home just because one is suspected of having marijuana inside. Lawfully acquired property is one’s inalienable right; stolen property is not. The political principle that underpins the Commission of Justice is clear…

No individual in his private capacity -- as an individual being -- may initiate force against any other, so neither may he or she, in any public capacity -- even as a state official -- initiate force either.

No one may initiate force for any reason, not for the good of man, the good of society, to instill law and order, or even to forge the "public good". (Is not an individual, whose rights are being violated for the "public good", a member of the "public" also?). Man may only use force to arrest violence perpetrated by others, sufficient only in measure to bring about the cessation of violence. Injured parties receive just remedy in the measure of harm suffered, as natural justice decrees. 

The difference between the Commission of Justice and Government is profound! Presently people grant power to government, ostensibly to ‘rule’ that their rights be protected, while government writes rules in denial of their rights. Man is drowned in a flood of legality beyond his comprehension, and for the most part, the comprehension of those who scribe these debilitating “laws".

By the “Commission of Justice”, people ‘rule’ their ‘rights’ will be protected, and slam the gate shut on any other rule! Government is denied and its “rule” is denied; preserved to the “People” instead. Protection of ‘individual rights’ is now controlled by the people, individually, because the “Commission of Justice” is forbidden anything but to protect every individuals unalienable right to his /her life, his/her property, and the natural law of the human world. Every individual is master of his/her own destiny and the Commission of Justice is "commissioned" to ensure it. No "right" is given to the Commission.  Instead, individual rights remain unalienable in the fullest sense, unable to be given, sold or taken! The people give indelible INSTRUCTION to the Commission of Justice to… “protect what is mine by unalienable and inalienable right from forceable seizure, violation and/or physical abuse.”

Accordingly the Commission of Justice's sole existence and moral justification is the protection of Man, and Man’s unalienable rights, meaning every one of its founding principles, every reasoning and justification of means, method, modality, operation, funding, structure and administration must answer to the “Protection of Man”. Does ‘this’, or ‘that’, objectively satisfy Man’s need of protection, yes, or no? Today’s law, as we call it, does not. Natural law does. 

That a Commission of Justice must answer to the “Protection of Man” is not a commandment by Man, by this website, but because every man and woman is his/her own protector. It is the right of every individual to appoint, or to institute an instrumentality to protect the rights of every individual, such “Right” inherent in the nature of Man. Thereby, no such appointment or instrumentality may do anything contrary.

The Commission of Justice is a charter, not by a state, country or race. It issues from the nature of every individual for the protection of every individual regardless of whether any one individual agrees or disagrees its ‘issuance’. In short, one can disagree need for a Commission of Justice, one can disagree any need of protection, but any charge that Man is non-Man is void. Here endeth government.

Here begins the Commission of Justice

Next… Draft charter for the Commission of Justice

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© Ken Bartle 2016