http://www.TheAdvocates.org/ruwart/categories_list.php
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What might a libertarian court system look like?
Question:
"In a libertarian court system, would there still be lawyers and
judges, with the associated current procedural stuff (like subpoenas,
discovery of documents, depositions, appeals to high courts, etc.), or
would a libertarian court proceeding be fundamentally different,
perhaps like mandatory mediation? Would jury service be mandatory, or
just for those who want to do it? Any related information would be
greatly appreciated."
My short answer:
"Jury service is unlikely to be mandatory in a libertarian society,
since justice would be based on compensation of the victim, rather
than state-decreed punishment. Deciding not to serve on a jury creates
no victim, and therefore would not be a crime.
"Mutually satisfactory settlements, rather than the winner-take-all
court battles of today, would be more likely when restitution was the
goal. The convoluted protocols currently in place would likely be
replaced by more efficient and flexible ways of coming to agreement.
"Libertarian court cases would likely yield more uniform verdicts than
we get today, regardless of whether the disputing parties chose a
jury, judge, or arbitrator for their cases. Libertarian verdicts would
direct those responsible for causing harm to someone to make things
right again -- no more, no less. Today, awards are often made to
"punish" a corporation or simply provide people who have been careless
a way to access "deep pockets" of a business. People are sentenced by
judges within wide legal guidelines, made even greater though
plea-bargaining."
"For more details of how a libertarian justice system might work, see
http://www.theadvocates.org/ruwart/questions_list.php?Category=13&PHPSESSID=97e2600c207315b8be78e2e6bb2864ce
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How can libertarians advocate such an unpopular position as open
borders?
Question:
"On a recent Boston radio show, callers were asked to call in with
their answers to the following question: "What should be done with
illegal aliens?" The results: 2% chose "Amnesty"; 98% said "Arrest and
Deport." How can the Libertarian Party and other libertarians continue
to advocate an open border policy when such a high number of Americans
are against it?"
My short answer:
"Libertarians base their positions on the non-aggression principle,
not majority opinion. Libertarians don't say what they think people
want to hear; they say what needs to be said.
"Americans who disagree with an open border policy often do so because
they don't understand the principles involved and have been
misinformed about the true impact of immigration upon American
prosperity. (For more details on this, see:
http://www.theadvocates.org/ruwart/questions_list.php?Category=18.)
"So our job is to counter misperceptions about immigration, and share
information about the great benefits of immigration with the public in
a positive, persuasive way.
"Incidentally, the survey question you've cited is unlikely to be a
referendum on open borders as much as one on law and order."Illegal
immigrants," by definition, are breaking the law; Americans generally
don't "forgive" lawbreakers easily. Wouldn't you expect the numbers to
be reversed if the radio audience had been asked "What should be done
with legal aliens?"
(Editor's note: Immigration is one of those tough issues that
libertarians sometimes disagree about among themselves. We invite
readers to explore the topic further. Some excellent articles, in
addition to those cited above, can be found at the Future of Freedom
Foundation:
http://www.fff.org
and from links at our Libertarianism.com page:
http://www.Libertarianism.com )
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Hooray! The revised edition of Dr. Ruwart's book "Healing Our World"
is here! It has over 100 new pages and it presents persuasive
arguments for liberty, backed with over 1,000 references all showing
how liberty works.
Dr. Ruwart is also the author of "Short Answers to the Tough
Questions" -- an essential guide for anyone wanting to become a better
libertarian communicator.
Both Mary Ruwart books are available from the Advocates:
http://www.theadvocates.org/Merchant2/merchant.mv