Objective Law
Morality, Rights & Justice Of Utopian Realism
Utopian Realism Law
Who determines what's fair? How are disputes and conflicts resolved? How are criminals dealt with? What is justice and how is it guaranteed? What mechanism incentivises people to be good and law abiding? What's going to stop a devolution into gang warfare and eventual consolidation of power back into government? What is right and wrong and how is that decided? What system are courts going to follow to ensure objectivity? What will prevent corruption and collusion?
First, what is law? It's a set of rules that govern human interaction aimed at being fair and in the equal interests of everyone to protect individual rights. Who makes the laws in UR? Judges inside the court systems. On what grounds are these rules created? They're based upon objective morality. Who determines what's moral? Objective philosophers. How do they decide this? By discovering objective reality. How is this established? By identifying the metaphysical axioms of existence. How is this achieved? By the use of reason. How is reason confirmed to be valid? By confirming cause and effect relationships, predicting outcomes and observing results. How are mistakes prevented? By inductive, methodical research and comparing results to the established axioms.
Any equitable, objective law must start from the most fundamental of all fundamentals, the axioms of metaphysics. 1. Existence exists 2. We're conscious of it 3. The law of identity. We exist, we know it, and everything is what it is and is not what it's not.
With these self refuting axioms, UR creates an unassailable starting point for objectively equitable law. As human beings, we have a nature and identity. We're rational beings who must use our conceptual faculty to survive as humans qua human. To ensure our proper survival, our rights must be realized and protected. Rights are conditions of existence necessary for proper survival. We all have the right to perform any action, provided it does not cause imposition.
This means that we have the right to self defense and retaliatory force, but not to initiate it. Rights are great, but what's the point if they can't be enforced? Rights can only be enforced when enough good, self interested people group together to create an orderly system to protect them. It's in everyone's interests to have their rights protected, whether you're a saint or tyrant. No one wishes to have their rights violated. This is what always motivates humans to formalise legal systems to protect themselves against assailants of their rights.
Unfortunately, what often occurs is that these laws become subjectively favoured to the ruling class and their greedy desires. Utopian Realism in contrast always operates by objective law. If the law of a society is not objective nor equitable, it's not UR.
The current legal system has a colossal amount of cons, but it does have some pros, such as due process, innocent until proven guilty and rules of evidence. UR is a system of objective practicality. Keep what is useful, discard the rest. What is objective about the legal system and courts will be kept. Everything which is subjective and nonsensical will be excised.
The four guiding laws of objective morality are as follows. 1. Create no harm 2. Create no loss 3. Be honest and ethical in your dealings 4. Maintain the peace. The primary guiding principle is the golden rule of equity, which is, treat others as you wish to be treated. No one wants to be raped, assaulted, murdered, deceived or robbed etc. so don't do to others what you wouldn't want done to yourself.
Hand in hand with the golden rule is the Universal Principle. Before acting, one must always ask themself, "If everyone did this, would the world be better or worse? Would I wish for everyone to act like this, all the time?" If I wouldn't want everyone to do XX, and especially to me, I shouldn't perform this action. Lie, cheat, steal, harm etc..
The modification of today's laws will be in alignment with these laws and principles. This will ensure that all law is objective, equitable and does not violate anyone's rights, but protects it, as per the purpose of law.
Justice in UR is treating people as they deserve. In regards to criminals, UR focuses on rehabilitation and remedy rather than torture and punishment. Criminals are viewed as being afflicted with a mental illness and justice is their curing, alongside the protection of the innocent. The current prison system focuses on causing pain and suffering for criminals which only creates more crime once they're released.
If you were to commit a crime, you'd want the opportunity to atone for the hurt you've caused and to correct your behaviour. Rather than simply being locked in a cage and treated without dignity. The ability to right your wrongs and redeem yourself becomes possible and probable when guided by the golden rule of equity and objective justice.
UR law also includes inchoate crimes and reckless endangerment. Did someone nearly cause harm, by drunk driving or racing through a school zone? Did someone plan to cause harm, but was stopped before they could execute the crime? Sufficient evidence must be available to prosecute these types of "uncommitted" crimes.
These key points form the foundation of Utopian Realism's Law and are the framework for all following law to be built upon. If a law is in contradiction to these axioms, laws & principles, it's a subjective, bad law.
KEY POINTS;
Objective Reality & Metaphysical Axioms
Existence, consciousness, identity
Objective Morality Laws
1. Create no loss
2. Create no harm
3. Be honest and ethical in your dealings
4. Maintain the peace
Rights
We all have the right to perform any action, provided it does not cause imposition
The Golden Rule Of Equity
Treat others as you wish to be treated
The Universal Principle
Act only in a way you'd be happy or approve of if everyone else did the same
Uncommitted Crimes
Reckless endangerment and inchoate crime
Rights
What rights do we have in Utopian Realism?
We all have equal rights. There are no collective or corporate rights, only that of living individuals. This is because it's impossible to delegate rights. The first and foremost is the right to life, without it, all other rights are void. We also have the right to property, self defense, travel, association, discrimination, bodily autonomy, speech, privacy, trade, contract.
You have the right to properly survive and pursue rational happiness.
You have the right to own what you ethically acquire.
You have the right to protect your life using proportionate self defense, including killing if the context demands it.
You have the right to move freely, limited only by the decisions of private property owners in objective, rational contexts.
You have the right to associate with whomever you please, provided they give their consent. This includes large assemblies.
You have the right to discriminate, to choose who you do not wish to associate with. You have the right to not deal with those you do not wish to deal with.
You have the right to do with your body as you please, including self harm, steroids, drugs, abortion, vaccines, tattoos, piercings etc. It is your body and you can use it how you wish, provided of course it does not harm another living individual human.
You have the right to say what you wish, including hate speech, but not to initiate threats against others.
You have the right to bodily, intellectual and financial privacy, in rational contexts.
You have the right to trade however you please with whomever you want, provided it is ethical.
You have the right to contract however you wish. Although, an objective court in UR will not enforce cruel and unusual punishment or slavery.
Practicality Of Justice & Rehab
Let's compare the current justice system to the UR system using a street fight at Disneyland.
Depending on the circumstances of specific crimes, the exact procedure will change.
Current system: Bystanders call the police, who are paid via theft (tax), they arrest and release the criminal on the same day, informing him to attend court in 3 months. He has plenty of opportunity to re-offend.
Utopian Realism: Bystanders call private security, they arrest the man, gather evidence immediately (video footage), take the criminal immediately to a private court for trial.
Current system: The criminal commits other crimes in the time he is waiting for court and gets away with them.
Utopian Realism: The private court judges the evidence and finds him responsible for assault due to drug issues and mental instability.
Current system: The criminal goes to the initial hearing and pleads not guilty. The court is adjourned for 2 months.
Utopian Realism: The criminal is sentenced to a drug and anger rehabilitation program inside a rehab center until he recovers.
Current system: The criminal returns for his trial and his government provided lawyer (paid via tax) claims that due to mental instability, his client should be allowed to walk free. The judge adjourns the case so the criminal can receive a psych eval to excuse his actions.
Utopian Realism: The criminal is escorted by private security to the rehab center where he is incarcerated until his recovery. This will typically all happen on the same day, to prevent further harm to the community.
Current system: The criminal returns weeks or months later with his psych eval and is either let off or sentenced to imprisonment. If he is let off, he will continue to be a threat. If he's jailed, he won't get better and innocents who had nothing to do with his crime will pay for his torture.
Utopian Realism: The criminal will pay out of his own pocket for his stay in the rehab centre. If he has no money, he'll work inside the facility, which will provide an income stream to reimburse the private security, courts and rehab centre. He committed the crime so it is just that he shall pay for it.
Current system: If the man is imprisoned, he may be locked up for years, experiencing terrible conditions. This will further devolve his mind and when released, is very likely to re-offend and the entire cycle begins again. The police, courts and prison are all paid via theft (tax) from the community to not only not fix the problem, but to make it worse.
Utopian Realism: The criminal funds his own rehabilitation and stays in the facility only as long as necessary. With an effective program, recovery can take just months, after which he is free to leave. This approach makes taxation unnecessary while significantly reducing recidivism. Private security profits from doing a good job, courts profit by providing equitable judgements and just sentences, and rehab centers profit from effective programs. The community is safer, the rehabilitated individual becomes a productive member of society, and all of this occurs without stealing from innocents. If victims seek compensation, they can sue and the criminal may be required to provide financial restitution.
Ideally, if enough eye witness testimonies and evidence is available, the trial, sentencing and incarceration happens all on the same day. When one commits a crime, they lose their right to freedom and must earn it back. If more time is required to attain evidence, then all haste is made to remedy the situation. The current system of allowing dangerous criminals to roam free for months until trial is an inefficient disgrace. Private security will assist the criminal in making arrangements if they have dependents, work etc..
The current system is very slow, funded by theft from innocents and provides unjust, immoral outcomes that typically worsen the situation.
UR excels in swift outcomes, equitable rehab programs, and ensures justice is funded by criminals, not innocents.
Who Regulates Business?
The idea of central regulating bodies is impractical, inefficient and immoral. It's an outdated idea that only causes problems and fills the pockets of those who cause the problems.
In a capitalistic society under Utopian Realism, there are no regulating bodies. People and businesses do as they please, in accordance with objective law. If there are no violations of UR's foundational law, it's almost guaranteed that individuals and businesses can simply proceed with their planned course of action. There's no need to check in with a regulating agency if they're breaking one of a million, ever changing, incoherent legislative acts.
What keeps people in check is the real threat of being sued for negligence or damages. This is what motivates business owners to provide the best/honest goods and services. For instance, a restaurant wishes to maintain a high standard because if they don't, they can gain a bad reputation and go out of business. Or worse, they may be sued if they sell toxic food.
Private road owners will keep their roads in orderly conditions so as to not lose business, or be liable for car damages or even accidents and deaths. This commonsense approach to running a business with high standards in accordance with the golden rule of equity is almost all that's necessary to achieve civility.
All disputes of misconduct or misunderstandings are resolved in private courts by objective standards of law. There will always be nuanced details of confusion about who is right and wrong so courts will always have business in solving disputes. If a party finds the judgement unfair, they can pay for a second opinion at another court.
Court Conflicts
When there are conflicts between courts, they can ask for assistance from other courts. The judges will hold conferences and present their reasoning behind their arguments. In time, a resolution will be made. It may be difficult, it may take time and it may involve many 3rd party courts and judges, but ultimately, a fair and objective middle ground will be found.
If the courts are involved in a particularly difficult stalemate, they can appeal to members of the community for a democratic vote, but this is only as a last resort. Matters of law should be dealt with first and foremost by professionals and 99.99% of the time they will be.
Avoiding Corruption
Good things only ever happen when enough people with good intentions know what's good and have the power to enforce it. If a court and security force are doing the wrong thing, they can only be stopped by good people doing the right thing. This has always been true for humanity, is true today and always will be. It's the only possible remedy for corruption.
Why has the current system become so corrupt? Because there are too few people with good intentions and even less actually know right from wrong.
For one to be good, they need to be truly selfish. They must be rationally self interested to understand that their life will be better when they're good. One can only truly prosper when others also do. With the real desire to do good for oneself and the world, one will learn the objective difference between right and wrong. Good men together are the only force that can hope to stand against evil, of the intelligent, and even more dangerous, stupid kind.
Good people must have;
1. Good intentions
2. Knowledge of objective morality
3. The courage to act
4. The force to act
The exact procedure to combat corruption isn't so important. What's important are the above 4 points. When there's enough good men willing to do what must be done, they're unstoppable.
Evil only prospers when good men overlook the actions of bad men. It's true of any system, but the reverse is also true. Evil is easily stopped when good men stop it.