ABSTRACT
The likely practical effects of a Liberty Approach need to be compared with the practical effects of the known alternatives—particularly the form of legal system we have—to see which approach is likely to prevent crime more effectively. The goal of crime prevention must be viewed in the same light as all other important social goals, such as health, education, and economic well-being. This chapter argues that when property rights are overridden in pursuit of crime prevention, the vital social mechanism is unavailable to allocate resources in the most efficient manner. Pursuing the social goal of crime prevention by means of the Power Principle creates a serious social instability that is always threatening a free society from within. A successful court system must fulfill at least two distinct functions: the justice function and the fairness function. The justice function consists of devising and implementing reliable means of accurately determining facts and law.
