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- #341
A society cannot operate without the co-operation of the individuals with each other.
This may be enforced or voluntary.
You have huge faith in the civic-mindedness of the individual.
It has nothing to do with civic mindedness, it has to do with an environment conducive to prosperity. In other words, we don't let the thugs shoot it out in front of our store because it is bad for business. This changes when government demands that we DO allow the thugs to roam wild, as is currently the case. 30 years ago, "no loitering" meant the proprietor would drive the hoodlums off with a baseball bat or a shotgun. Now the cops would throw the proprietor in prison and the hoodlums would be awarded damages for emotional distress.
I understand, and on a simplistic level I agree.
But where does it stop?
One of the purposes of the judicial system is to place reasonable limits on behaviour.
What is the reasonable reaction of the same shop owner if he catches a 10 year old lifting a packet of gum...a kick up the bum, a slap across the chops, a punch in the mouth, his hand crushed in a door, shot with his shotgun?
Who judges that?
Then, when the kid's Dad takes exception to the punishment and goes down to chat about it, what is the moderating factor to his reaction?
I think we sometimes are getting sidetracked by not focusing on what should be the role of the federal government. The Founders never intended for the federal government to be involved in laws re shoplifting or even assault and battery that were intended to be within the jurisdiction of the various states, counties, local communities. The federal government would step in if a state should make it legal to commit indiscriminate assault and battery as that would of course be a violation of unalienable rights, but all states have laws against child abuse, assault and battery, et al.
A free people generally will govern itself in a way that provides justice for all.
Many many things are wonderful to do, productive, profitable, necessary, and aesthetically pleasing without the federal government doing it. We will enjoy the blessings of life, liberty, and the pursuit of happiness much more if the federal government stays out of all of it other than within the very narrow definitions of responsibility defined.