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| OA naman. |
I much prefer the Liam Neeson-Geoffrey Rush version of ‘Les
miserables’ than the musicals. But I can use the new 2012 film musical as an excuse to talk about the
injustice of the penal system.
I don’t believe in involuntary prisons. At most, asylums
for deranged murderers. But incarcerating criminals itself would be needless in
a society that affirms private property. This would mean those convicted after
a voluntary trial can be ostracized
and prohibited by property owners from stepping foot or availing of their goods
and services.
Non-violative restrictions
In addition, if people find a tracking service
worthwhile, the whereabouts of such offenders can be known at all times as
well, and this need not be contrary to a ‘right to privacy’ since such a right
concerned is that of property owners and not the criminal, and property owners
would be voluntarily assisting the trackers as necessary.
A criminal will thus be deprived of things to the degree
that individuals in a society frown on certain crimes. This may even be more
restrictive than a system that coerces people via taxes to pay for prisoners’
lodging, or for their execution for that matter.
‘Les miserables’ as example
In ‘Les miserables,’ the only reason Jean Valjean is
oppressed in so incommensurate a manner to his crime of stealing a loaf of
bread, is the monopoly on arbitration and reprisal as exercised by the state
and (ab)used by Javert.
Whereas, if the limiting of one’s mobility was an option rather than coerced, people would
be less begrudging if Valjean refused the recommendations made by any
convicting court (for convictions in a stateless society could only be
recommendatory). And considering the extreme circumstances that impelled
Valjean to steal, it is unlikely that competitive courts would be too hard on Valjean. Furthermore, he and his family would be more likely to receive aid, rather than be shunned by members of the community.
Conclusion
‘Les miserables’ can easily be cited as supportive of ‘social
justice,’ meaning, for most people, state intervention as a means of uplifting
the plight of the less fortunate. In fact, it is only by affirming private property
in full, and eliminating the monopoly of the state and any conceivable mandate for
it — including of helping the poor — that the desired ‘social justice’ —
whatever that’s supposed to mean — can come about.