Libertariańska teoria kary i samoobrony

Abstract

The libertarian theory of punishment is based on the restitution principle and the mirror principle. The former states that the perpetrator should compensate for the harm caused to the victim. The latter states that the perpetrator forfeits his or her rights to the extent that he or she has deprived another person of theirs. Both in determining damages as well as in imposing mirror punishment the principle of proportionality must be followed. Thus, the appropriate libertarian punishment for a rights violation is a combined punishment which includes both rectification and mirror punishment. The libertarian theory of punishment sets an upper limit on punishment but there is no obligation on victim to impose the maximum penalty. The victim is the sole disposer of the punishment; it is up to the victim to decide whether the punishment is to be carried out and whether it should take the maximum permissible amount. When the victim is dead and has left no disposition as to the application of the mirror punishment, the punishment can be applied by a third party. In analyzing the libertarian theory of self-defense, we should take into account both the mirror principle and the principle of gentleness, which states that the defending party should use the least amount of violence necessary to provide effective protection. A situation where a victim is unable to use an adequate amount of violence and can either forego defending themselves or use a disproportionate amount of violence poses an interesting challenge for libertarian theory and requires further analysis.