I’ve reworked this to be a bit more concise and clear, I think. I believe that the formation of legitimate private protection services and courts is implied in the wording of the Code, but I am going to append the Articles of Justice and Arbitration (formerly Article II of the Code). Once again, comments, questions and suggestions are welcome.
THE CODE,
being a description of the rights of all persons
ARTICLE I: DECLARATION OF RIGHTS.
Personal .
Section 1.1 All persons shall be considered to hold a sovereign right over their own selves, and in their body, and in their faculties; and to hold the just power to exercise that right with full liberty.
1.2 No person shall be restricted from the practice of their chosen faith, philosophy, or other moral doctrine so long as such practice does not infringe upon the rights of others.
1.3 All persons shall be free to peaceably associate with others as they choose, for as long as they shall choose, and in whatever manner they shall choose.
1.4 All persons shall be free to refuse association with another person or group of persons; and to terminate all ties to and to cease all support for any previous association with such a person or group, unless otherwise bound by unfulfilled obligations in valid contract.
Property Rights.
Section 2.1 All persons shall be considered to hold a sovereign right over their property derived from the fruits of their labor, voluntary exchanges with other persons, wages, successful appropriation of unowned resources, gifts, endowments, and just compensations owed them for crimes or torts; and to the full use and alienability thereof.
2.2 All persons shall be free to will their property to others on a future date, and that will shall be considered valid in the event of that person’s death.
2.3 All persons shall be free to set terms of license for entry by others onto their premises and for the use by others of their property; and to exclude any other from such entry or use; and to rescind such license at their discretion, so long as such terms and any changes made thereto are fully and immediately disclosed, and in being changed do not entrap, forestall, or otherwise infringe upon the rights of any persons occupying the premises or using the property of the issuer of such license.
Defense and Retribution
Section 3.1 All persons shall be considered to have the right to employ force to defend themselves against a clear and present threat to themselves or their property, and to employ others for that purpose.
3.2 All persons shall be free to seek just compensation for damages or losses incurred against themselves or their property, and to employ others for that purpose.
ARTICLE II. PROHIBITION OF THE STATE AND THE ABUSES THEREOF
Section 1. The state shall be regarded as a criminal organization; and the formation and function of a state and all actions performed therein shall likewise be regarded as criminal.
Section 2. No person or group of persons shall have the power to tax; nor to lay tariffs or duties; nor to legislate in any manner whatsoever; nor to impose any restriction on trade not covered under the privilege of license described in Article I, §2.3.
Section 3. No person or group of persons shall have the power to grant or claim patents; nor otherwise to grant or claim privilege of the exclusive right to produce any good or render any service; nor shall any such claim or grant be regarded as legitimate.
Section 4. No law or regulation shall be recognized which violates or abridges the rights and privileges described in Article I.
General Prohibitions against Abuses.
Section 5.1 No contract or other binding arrangement shall be considered valid if a person or group of persons is entered into it against their will, or without their knowledge and express agreement.
5.2 No person or group of persons shall set regulations, restrictions, or prohibitions of any kind against the liberty of any other person or such group, except as terms in legitimate contracts entered into voluntarily by all involved parties, or as terms of license as described in Article I, § 2.3.
5.3 No person shall prevent the acquirement by others of unowned resources by any means other than first acquiring it themselves though their labor or that of their agents, or by making a reasonable claim on resources that they shall justly acquire within a definite period of time.
5.4 No person shall be deprived of their life, liberty or property without having first been found by due process to be guilty of a crime or liable for a tort. Until such a verdict shall have been duly reached, all persons shall be considered innocent in the opinion of the law and to possess all rights and privileges described above.
ARTICLE III. CRIMES AND TORTS
Crime.
Section 1.1 Any action which intentionally violates the rights and privileges described above shall be regarded as a crime.
Section 1.2 The perpetrator of a criminal act shall be liable to compensate the victim or victims of their criminal action for any damages resulting from such action. The perpetrator shall furthermore be liable to the forfeiture of their own liberty or property proportional to the previous violation of the victim’s rights.
1.3 The victim of a crime shall be entitled to compensation up to but not exceeding twice the estimated value lost by the victim as a result of the criminal’s actions. The victim of a crime shall likewise be entitled to accept payment in lieu of any physical punishment for which the criminal shall be justly liable.
The Law of Torts.
Section 2.1 Any action which unintentionally violates the rights and privileges described above shall be regarded as a tort.
2.2 The victim of a tort shall be entitled to compensation proportional to the damage done to themselves or their property resulting from such action.
Section 3. The victim of a crime or tort shall be entitled to refuse charges against the guilty party; and to lessen or revoke any penalties laid thereupon.
The Rights of the Guilty.
Section 4.1 All persons accused of a crime or a tort shall be free to seek due process in a court of justice, and shall not be considered guilty until such a conviction shall have been duly reached by said court.
4.2 All persons duly convicted shall be free to appeal their conviction to a third party.
4.3 No penalty shall be laid upon a guilty party which shall exceed twice the harm committed against the victim. Any excessive penalty shall be regarded as infringing upon the rights of the guilty party.
Section 5. No action which does not infringe upon nor abridge the rights and privileges described above shall be regarded as a crime; nor shall any punishment be laid upon a person who has not committed such an infringement or violation.
THE ARTICLES OF JUSTICE AND ARBITRATION
being a prescription for the protection of the rights of all persons
All persons shall be free to seek damages for harm done to their persons and property by others, and to employ agents to represent them in such matters. In order to ensure justice, a person seeking such damages may challenge the accused to a fair trial by a court of justice.
ARTICLE THE COURTS
Section 1. A court of justice shall be considered to be any person or firm capable of rendering fair judgment on matters of dispute in accordance with the Declaration of Rights. A person or firm so capable
2.1 shall be reasonably informed in matters of justice and arbitration, and shall be competent in finding the facts of a case, and in ruling justly on the basis thereof;
2.2 shall be free of personal bias toward any party involved in the case at hand;
2.3 shall not have been previously found to have taken bribes, or to have ruled unjustly or with bias, or to have exhibited gross incompetence or negligence in previous cases, and
2.4 shall not presently employ any agents who shall at that time be under sentence for an offense previously committed, or who shall be in any other way indebted to another court.
Section 2. A court so qualified shall be empowered to resolve all matters of disputes brought before it; and to order just compensation to be made to the victim and to lay just penalties against the guilty or liable party; and to enforce their just orders, and to employ others for that purpose; and likewise to enforce the just rulings of other courts at their request.
Section 3. A court may try or refuse to try a case at its discretion, and may set a fee for its services before accepting a case, and may adjust such fees in accordance with Article I §2.3.
ARTICLE II. DUE PROCESS
Section 1.1 The accused shall be considered to have the right to due process in a fair and speedy trial by a court of justice.
1.2 The accused shall be considered to have the right to meet their accuser in a court mutually acceptable to both parties. If the plaintiff and the accused cannot agree on a court in which to meet, the accused may bring the case before a different court of their choice.
1.3 In such cases where the decisions of the respective courts shall be in conflict, their decisions shall in turn be considered by a third party mutually agreed upon by the original courts, who shall not have any prior interest in the case or in any party involved therein, and who shall otherwise be considered capable of rendering fair judgment in accordance with Article I §2.
1.4 The accused shall be free to call for fair witness to be present at the trial.
On Appeals.
Section 2.1 A person having been found guilty shall be entitled to appeal to a third party qualified in accordance with Article I §2, which shall be mutually agreed upon by the appellant and the court which delivered the original ruling.
2.2 In cases of accused murder, the defendant shall be granted at least two appeals against a guilty ruling.
ARTICLE III. JUSTICE
Section 1. All compensation and penalties shall be limited to no greater than twice the damage incurred by the victim as a result of the criminal act or tort.
Section 2. A victim shall have the right to forgive, in whole or in part, any debt incurred by the guilty or liable party, or to revoke any penalty incurred by the same.
Section 3. No penalty shall be carried out in excess of the decision of the victim.
Section 4. The guilty or liable party shall have the right to propose settlement with the victim, and the court shall honor any settlement mutually agreed upon by both parties.
Section 5. A guilty verdict and just compensation having been determined, a court shall be free to arrange compensation in a manner mutually acceptable to both the court and the victim.
Section 6. No action which does not infringe upon nor abridge the rights and privileges described in The Liberty Code shall be regarded as a crime; nor shall any punishment be laid upon a person who has not committed such an infringement or violation.