_According to Tucker, from the standpoint of every one's self-interest
and the equal liberty of all there is no objection to law._ Legal norms
are to obtain: that is, norms that are based on a general will[686] and
to which obedience is enforced, if necessary, by every means,[687] even
by prison, torture, and capital punishment.[688] But the law is to be
"so flexible that it will shape itself to every emergency and need no
alteration. And it will then be regarded as _just_ in proportion to its
flexibility, instead of as now in proportion to its rigidity."[689] The
means to this end is that "juries will judge not only the facts, but the
law";[690] machinery for altering the law is then unnecessary.[691]--In
particular, there are to be recognized the following legal norms, whose
correctness Tucker tries to deduce from the law of equal liberty:
First, a legal norm by which the person is secured against hurt. "We are
the sternest enemies of invasion of the person, and, although chiefly
busy in destroying the causes thereof, have no scruples against such
heroic treatment of its immediate manifestations as circumstances and
wisdom may dictate."[692] Capital punishment is quite compatible with
the protection of the person against hurt, for its essence is not that
of an act of hurting, but of an act of defence.[693]
Next, there is to be recognized a legal norm by virtue of which
"ownership on a basis of labor"[694] exists. "This form of property
secures each in the possession of his own products, or of such products
of others as he may have obtained unconditionally without the use of
fraud or force."[695] "It will be seen from this definition that
Anarchistic property concerns only products. But anything is a product
upon which human labor has been expended. It should be stated, however,
that in the case of land, or of any other material the supply of which
is so limited that all cannot hold it in unlimited quantities, Anarchism
undertakes to protect no titles except such as are based on actual
occupancy and use."[696] Against injury to property, as well as against
injury to the person, Anarchism has no scruples against "such heroic
treatment as circumstances and wisdom may dictate."[697]
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