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Title 5: Upholdment

Inner Core

All legitimate use of Force is in Defense.

If Force is not in Defense, then it is illegitimate.

Force is the use of fear

and/or the threat of harm

to compel behavior in another,

or to override the will of another.

Defense only exists if there is attack.

If there is no attack, then Force is not defensive.

Defense is protection

of a Fundamental Right,

either of oneself, or of another,

when that Fundamental Right is under attack.

Outer Core

All legitimate uses of force comply with Title 5.

If force does not comply with Title 5, then it is illegitimate

(and warrants other force to intervene to stop it.). 

 

Requirement of Rationality

All enforcement actions

must be accompanied by rational arbitration

to determine the applicability of Law in the given situation, and hence the legitimacy of the proposed enforcement.

Emergency Exceptions

 

The arbitration must take place before the enforcement, except in emergencies, in which real, direct harm

might take place before the arbitration can be completed.

In an emergency, arbitration may be conducted afterward.

In the event of deferred arbitration due to emergency,

the enforcing party shall be held accountable

for all damage done in the event of an enforcement action shown to be illegitimate after arbitration.

Emergencies may justify

postponing arbitration, but not avoiding it altogether.

Once the emergency has passed, arbitration is necessary. 

An emergency is a situation

in which there is imminent physical danger

that could prevent the arbitration from being conducted.

Mantle:

Everyone has the right to do anything which harms no one else.

An action which harms no one else cannot be unlawful.

Since force is only lawful in response to other force which is unlawful,

and no action can be unlawful if it harms no one,

no force may be used in response to anyone who is not harming anyone.

When deciding whether or not to use force against someone,

at least one of the following questions must have a "Yes" answer:

Has anyone been killed?

Has anyone been injured? 

Has the ecosystem been degraded?

Are any of those actions in progress?

 Have any of those actions been threatened?

Are any of those actions being actively planned? 

Has anyone infringed upon anyone else's Fundamental right,

or attempted to intimidate or coerce, through threat of violence,

anyone out of freely exercising their Fundamental Right to Liberty?

If no "Yes" answer, then no force. 

If "Yes" to any, then the person may be Detained.

Once detained, determine legitimacy of their action.

Is there reason to believe it was deliberate?

Was it initiatory?  (i.e. not a defense against another act of violence?

If claimed as defense, then the act it defended against must be put through the same questions.  If that act also was claimed as defense, then the process continues all the way back to the original act of violence which was not in defense against any other violence.  That original act is illegitimate, and the force responding to it is legitimate, and the force against that force is illegitimate, and so forth. 

All force protecting the original illegitimate force,

or its supporting parties, is illegitimate,

and all force defending against the original illegitimate force,

or its supporting parties, is legitimate (provided it's Proportional).

Everyone has the right
to genuine self-defense.

Everyone has the responsibility
to protect another who is under attack
if the other is unable to defend themselves.

Everyone has the duty

to protect the ecosystem

upon which all Life depends.

Force, Will, and Defense

All law is a question of Force:

when, why, and how to use it.

Force is:

The deliberate harming or threatening of another

in order to break, alter, change, or negate the other's will.

Relationship Between Force and Will

The lawful status of forceis determined by the status

of whatever will it seeks to negate.

The legitimacy of force is inverse to that of will.

When will is legitimate, force used against it is illegitimate.

When will is illegitimate, force used against it is legitimate.

 

Legitimacy of Will

 

Someone's will is legitimate

if it harms no one else significantly.

 

Significance of Harm

 

Significant harm

is that which violates

Human Rights (Title 1)

and/or Animal Rights (Title 2),

and/or Ecological Integrity (Title 3).

 

If any of those three are violated

in a way proven by rationality (Title 4),

then the use of proportionate force (Title 5)

can be considered defensive, and thus legitimate.

 

Defense​

Defense only exists in response to

attack (significant harm / illegitimate force);

without attack, either present or threatened,

physical force cannot be considered defensive.

 

All non-defensive force is unlawful,

and all resistance to unlawful force is lawful.​

Proportionality

Proportionate force

is that which does not do greater harm

than that against which it purports to defend.

Who May Uphold

 

Anyone physically capable,

provided these protocols are followed.

 

If a person conducts upholdment improperly,

then they're committing violence of their own,

and they're fully accountable for having committed it.

Requirement of Rationality

All upholdment actions that utilize force

are subject to rational Arbitration (Title 4),

either before the action, or after (in emergencies).

Mantle

Degrees of Upholdment
 

Degree 1:        Preemptive Reminding
Degree 2:      Investigative Reminding
Degree 3:        Active Deprogramming
Degree 4:                 On-Site Detention
Degree 5:                       Sequestration

Degrees 4 and 5 are the only degrees that utilize force.

Except in emergencies,

all upholdment should begin at Degree 1,

and progress through the degrees one by one, as necessary.

Degree 1: Preemptive Reminding

Indication for Use
Under general suspicion
that a person does not acknowledge law
or some aspect thereof.

How to Engage
Steer an already-existing conversation toward the subject matter, or
Broach the subject by asking them one of the Opener Questions:

 

Opener Questions:
Where does law/morality come from?
What is the source of law/morality?
Have you heard of natural law? What do you think about it?

Give them a written copy of the law, and invite them to read it.
Ask them what they think of it.

Remember to smile :)

Degree 2: Investigative Reminding
.
Indication for Use
If a person is suspected
of a specific intention and plan
to violate the law.

How to Engage
First, ascertain the nature of the action.

 

1. Approach politely and respectfully
2. Ask them to explain what they're doing, have done, or intend to do
3. Remind them of the aspect of law they may be intending to violate
4. Allow them a chance to explain their purported justification.

5.  Arbitrate (Title 4) if requested.

 

If the person acknowledges the law,
but there is ambiguity as to the lawfulness of their intention,
then the matter shall be arbitrated,
and halted until it has passed arbitration.

If they refuse to wait for arbitration,
or refuse to acknowledge the law at all,
or refuse to even discuss the matter rationally,
then proceed to Degree 3.

Degree 3: Active Deprogramming
.
Indication for Use

-Certainty that they intend to violate the law,

but have not yet done so.

-Refusal to cooperate with investigation.

How to Engage
Remind them of the law, repeatedly,
both verbally and in writing,
without force or intimidation.

Be respectful, but firm.

Provide them with written copies of the law,
Speak to them as they are coming and going,

Call upon them at their home no more than once in a day,
Deliver respectful, personally-written letters to them


And follow the rules of deprogrammers' etiquette:

Rule 1. Do not interrupt their sleep or their meals.
Rule 2. Do not intrude on intimate moments.
Rule 3. Do not enter their bodily space (stay beyond arms-length)
Rule 4. Do not glare, shout, insult, threaten,
or deliberately make uncomfortable in any way.
Rule 5. Obviously, do no harm.

If they maintain their intention to violate law,
continue this process until they acknowledge the law.

If they actually go ahead and commit a violation,
and it is verifiable that they have done so,
then proceed to Degree 4.

Degree 4: On-Site Detention

 

Indication for Use

-If they break the law

-If they intend to cause major, irreparable physical injury to another.

How to Engage:

 

1. Use proportional force to secure surrender.

The force used should not exceed

what is necessary to secure their surrender,
nor should it be disproportional
to the severity of the violation it's defending against.

2. Speak the following words:

"By the authority of Planet Earth
and on behalf of all Life here-upon,
I am placing you under Protective Custody.
All of your Basic Rights will be respected,
but you may not roam at-large
until you acknowledge the Law of the Earth."

(Steps 1 and 2 may be performed simultaneously)

3. Bring safely to quiet spot nearby.

4. Deprogram them by explaining the law and why it's necessary.

 

If they resist deprogramming,

and/or still constitute a danger to others,

proceed to Degree 5.

Degree 5: Sequestration
 

Indication for Use

A. All efforts to deprogram on-site have been exhausted.

B. The on-site location is no longer suitable to hold them safely.

 

How to Engage
The person is held in a protected area

called a Custodial Village,

until it is safe to release them,

recognized when the Four Conditions are fulfilled (see Title 6.)

 

Custodial Village

-Every Township should have one.

-Violator held in CV of Township where violation happened -

not transferred far away.

-Fenced area with basic, simple, natural lifestyle.

-Outdoors, not indoors, except for dwelling spaces.

What Happens In Sequestration
1. All Human Rights are respected.
2. All basic needs are provided for.
3. Living conditions are warm and comfortable.
4. The environment is quiet, serene, and natural.
5. Food is healthy, organic, and nutritionally balanced.
6. Socialization with fellow inmates and visitors is unrestricted.
7. There are no punishments, forced labor, or any degrading treatment.

8. Residents take care of their own living spaces,

and grow their own food, if they are able-bodied enough to do so.

9. . The Bill of Human Rights (Title 1) is kept displayed in center,

so nobody forgets their rights, and guards do not commit abuse.

10. Life is relearned in a safe, natural environment.

 

The goal is healing - not punishment.

Restitution

When the victim is human,
restitution goes to the victim.

When the victim is an animal,
restitution is paid through service
to the general care of animals of that species.

When the victim is the ecosystem,
then restitution is paid by undoing the damage,
and/or replanting the flora that were destroyed.

.

Upholdment degrees by point system

Refusals:  Reason, Decorum, Conversation
Each adds a point

RefConv:   Walking away, drowning out with noise, threatening with violence by self or by others
RefDec:  repeated instances of:  Ignoring, verbal abuse, insults, namecalling, not letting other speak
RefReas:   repeated instances of: not addressing the argument, not conceding when debunked

Suspected Intention
Proven Intention
Immediate Intention
Attempted Commission
Successful Commission

Minor
Major

If its important enough for them to spend time and energy trying to discuss it with you, then it's important enough for you to.discuss.


 

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