Friday, January 07, 2005

Rights, Duties, And Trial By Jury

This excellent follow-up at Buy or Ration covers a little more than trial-by- jury:
If the right to property is inviolable, and I steal from you, I violate your right to property. As punishment, the government will "steal" from me, in the form of a fine, even though my right to property is inviolable. If the right to liberty is inviolable, and I somehow coerce you, I violate your right to liberty. As punishment, the government will violate my right to liberty with jail time, even if my right to liberty is inviolable.

The quintessential example is the death penalty. If I kill you, the government will kill me. "Why? The right to life is inviolable." Yes, but I have violated your right to life.
Yeah, but since when do you have to be a theif for the government to steal from you?

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