The 3L Philosophy, even when widely adopted, is not perfect

The Legal Principle is not perfect

• No legal framework applies perfectly to 100% of all factual circumstances. The question is not whether it is perfect, but whether it is the best of all the options.
• Utopias fall short because they do not factor in the necessary constraints against inevitable bad actors. 3L’s vision is peace, not utopia. We offer no protection against heartbreaks, disappointments, irresponsibility, and mistakes. We can do better.

Grey Areas

• It is unavoidable that reasonable people will disagree on how to interpret the Legal Principle on topics for which there is no objectively right answer. The 3L Philosophy accounts for this by allowing local communities to decide among reasonable options. A reasonable construction of the Legal Principle is our goal, not any one person’s preferred interpretation.

Access to the commons

• Respecting private property rights gives the owner exclusive control over that property, allowing access only to those invited.
• This does not prevent people from permitting access, or even donating that property to charities for public use. The UK’s National Trust comprises vast areas of land, most of which was donated by private owners. The Aspirational Values are a key addition to respecting property rights, allowing maximum peace and prosperity for all.
• Without ownership via private property, there is no steward whose incentives are fully aligned with the care of that property. The ‘tragedy of the commons’ is a well-understood phenomenon where the lack of a private steward leads to over-exploitation of the resources.

Peaceful solutions require imagination

• The peaceful solution to a problem may not be immediately easy to envision.
• Intelligent and moral people have been finding creative ways to solve important problems for centuries. We should aim high, fall short, and do well!

Does not right the wrongs of history

• The 3L Philosophy does not punish anyone for the actions of their ancestors; instead, it holds each of us accountable for our own actions.
• Many throughout history acquired their wealth via involuntary means. Where there is insufficient evidence to bring justice and restore that property to its rightful owner, there is no peaceful means of redress. Two wrongs do not make a right.

Immorality is allowed

• This is the price of freedom. If we initiate nonconsensual force against someone for ugly speech, selfishness, or unkindness, are we really morally superior to them?
• We can and should exercise our power of persuasion by using social consequences to encourage morally excellent behaviour.

Nothing lasts forever