I understand that. But to push aggressors out of the circle of human action into the exogenous world of “mere circumstances”, as you do below, is an obvious mistake because aggressors are themselves acting humans and the whole question of social order is what costs should we impose on aggressors and how should we go about imposing those costs*? If you treat aggressors like an exogenous variable to the social order such as wild animals, bad weather or gravity, then you are implicitly denying that aggressors act and that they calculate, based on the expected response of their victims, how to act to achieve their ends.
In the case of the mugger and mugging victim, we crucially distinguish between a mugging victim who is forced to give up the money in his wallet and a charitable man who voluntarily hands over some money to someone on the street. Both men are performing exactly the same action, from a purely materialist point of view. Both men are still acting, that is, choosing the best means to achieve their own ends given their current circumstances. But that does not make their situations indistinguishable.
What distinguishes the situations is whether the rearrangement of property boundaries is unilateral or bilateral. Market or voluntary transactions are bilateral rearrangement of property boundaries. When I place the cash in your hand as you grasp it and you place the flowers in my hand as I grasp them, we are both consenting to a rearrangement of property boundaries… something that was once mine is now yours (and I want that) and something that was once yours is now mine (and you want that).
Crimes are a very different situation. This should be obvious in the extreme case of murder. Let’s say the mugger is a three-strikes type… he has nothing to lose anyway, so rather than sticking you up, he chooses the more efficient route of just killing you outright … you never even see what hit you. Then he takes your wallet and runs. Your volition had nothing to do with the situation, you did not act because you could not have acted. What has happened is that the property boundaries have been unilaterally rearranged… your attacker assumed de facto ownership of your body (by ending your life, something that only the owner of the body has the right to do) and your wallet.
Mugging without homicide is only slightly less obvious but it still falls into the same logical category. When the mugger sticks you up, he is presenting you with one of two options… give up your wallet, on the one hand, or be killed and give up your wallet, on the other hand. Now, if you’re a Bruce Lee, you might have some chance of fighting back or something, in which case, the action analysis would become relevant. But for the ordinary person, once the mugger has gotten the drop on them, the situation is just the same as the homicide situation above but with a happy ending for the victim if he doesn’t fight back or make any noise. There is no reasonable sense in which the transfer of property under such circumstances can be called “bilateral” “voluntary” or “consensual.”
Clayton -
*As well as, how has nature attempted to solve these problems, already?