I think that society should introduce 7 fundamental rules, which would be above the law. No law may overwrite those rules, change them or be against them:
- One should act with compassion and empathy
- One’s own sense of justice must be put above the law
- Bodily freedom is supreme
- Freedoms of others, including freedom to offend, must be respected. One who violates the freedom of others gives up their freedom
- Unscientific beliefs are not allowed
- All who commit wrongdoing must rectify it.
- Above rules are interpreted according to common sense
Another thing I want to introduce, which is not a formal law, is optional taxation. People may choose not to pay taxes, but they would need to pay for public services.
2 is an issue. I interpret that in two ways and both are problematic.
A) You as an individual are allowed to ignore a law that conflicts with your own sense of justice. Historically, there was a period in the US where a black man touching a white woman, literally making physical contact, was seen as a capital offense. Those involved in the linching ignored the law to follow their own sense of justice. This would be just as permissable as noble crimes like stealing food to avoid starving or rebelling against a corrupt government.
B) The law cannot penalize a crime committed by someone who believes the actions they commited upholds their sense of justice. Ignoring the fact that one could just lie and say that it was justice that compelling them to do something, we again have to account for conflicting views of justice. That guy that burned down the wearhouse believed wholly that it was justice for the mistreatment levied by the company, but the executives of that company likely feel justified in paying them so poorly because that could just get a different job.
It would likely be better to incode a sense of justice that can’t be argued against tusk allow the individual to make their own.
If someone violates your freedom while claiming to act justly, they have forfeited their own freedom in your eyes. That is common sense. They should also rectify the harm they caused.