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Pursuing Justice in a Free Society, Part 2 - Crime Prevention and the Legal Order

NCJ Number
102139
Journal
Criminal Justice Ethics Volume: 5 Issue: 1 Dated: (Winter-Spring 1986) Pages: 30-53
Author(s)
R E Barnett
Date Published
1986
Length
24 pages
Annotation
In advocating a 'Liberty Approach' as the basis for crime prevention and the legal order, this article argues for the complete privatization of law enforcement and the courts to ensure that the personal and property rights of citizens are not violated by monopolistic power groups.
Abstract
The 'Liberty Approach' contends that individuals have moral and legal jurisdiction over their persons and possessions. This means that individuals decide how their property is to be used so long as the use does not threaten the rights of another. The most appropriate legal order under this approach would involve citizens' use of self-defense to protect personal or property rights or their noncoerced purchase of private police to protect life and property. Private police would have no monopoly over a given geographic area but would compete as private businesses to receive pay for services. Citizens not pleased with purchased police services could terminate them or switch to another agency. Dispute resolution would operate in much the same way. Private court systems would compete for the citizen's dollar by providing competitive services. Overall, law enforcement and court services would operate as other private enterprises to ensure a nonmonopolistic legal order. 57 notes.