Well but how do you decide or enforce this? Say you do something to a tree on my property and it dies and I say well you owe me $20 million because that's what that single tree is worth. I put a value on it that is obviously absurd and no one would agree a single oak tree is worth $20 million and how would I force you to actually pay? There are not any enforcement mechanisms in place and if I crossed over onto your land to extract payment then obviously you have a right to defend yourself and shoot me.
You put the typical example that a statist would put, because that is what you are.
If I kill your tree then I own you a tree, not $20M. I can either transplant another similar tree in the same place or we can both agree on an amount. If we don't agree on that amount, then I owe you a tree, nothing else. You have the right to seize me another tree, nothing else.
Read again the law. It says "you would be fairly responsible". Note the "fairly".
About crossing your land, think about it. Land cannot really be of anyone, because it was not created by anybody. What is your creation or recreation may be a plantation, a house, a garden, or any other modification you have made to the land. So if I cross your land without comiting any damage or traspasing a building I am not liable of anything. But if I cross causing damage or stealing, then yes, I am liable and you have the right to defend your property.
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What is fair in your eyes does not mean it is fair in my eyes and this is a huge reason I can't wrap my head around it. Just like art and the saying value is in the eye of the beholder if you kill a 20-year-old tree you realistically cannot plant a new one. So just giving me a tree wouldn't work its not a fair trade because of the loss in variable things like shade, idk a tire swing could be attached to it, it could have been planted by a deceased relative so therefore what is fair to me and to you would be dramatically different and extremely hard to rectify.
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Fair is a pretty objective deffinition:
Fair: that which must be done according to (natural) law or reason. This is where the fine line lies between a civilized action in accordance with the Law, or an arbitrary one that subverts the Law to use it at will. A claim about an allegation must be fair, meaning it must be true and accurate. Since it is very easy for the alleged victim to invent a crime and then claim damages, the accused has the right to prove that he committed the crime in question. And if both parties do not agree and the accused does not recognize the damage or fails to reach an agreement, then the intervention of a totally neutral external arbitrator who judges with absolute alienation from Natural Law is necessary.
If I killed your tree, it is fair I provide you with another similar tree. If we disagree on what a "fairly similar tree" is, then a neutral party can intervine, which would decide what a fair substitute is. There is really not much variation on what fairly similar trees are, only possible variables are species, quality of fruits, age, size, etc. All measurable things. If you refuse to acknowledge evident similarities, we can call a judge.
This is all logical and natural. We all have it inside us. And we all know this is good.
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