I’m obviously not being very clear. Please, allow me to try again.
My argument is that, in order to safeguard a laissez-faire capitalist market and economy, laws against the initiation of force must exist. But laws are an initiation of force. If you started with a blank slate, and wanted to create a society with laissez-fair capitalism, you would first have to create laws which protect that capitalism. The individuals in the society would not have initiated force in any way, yet the government’s first action would be to say, in effect, “Follow the rules, or something bad will happen to you.” Which is coercion.
Yes, if someone breaks a law and the government uses force against them in retaliation, that is not an initiation of force. But that’s not when the force began. The force began, was initiated, when the government threatened the citizens with force if they failed to comply with the laws.
At first, I considered this to simply be an issue of consequences. You are free to break the law, but you are not free to escape the consequences of going to jail, or paying a fine. Therefore, a law is not force - it merely tells what the consequences are if action is taken; like when the doctor tells you, “Continue to smoke and you’ll die in a year.” This is not a threat, simply a statement of fact - cause and effect. But that argument falls apart when used in the case of a mugger and his victim. Is the mugger’s demand of, “Give me your money or die” simply a statement of fact - cause and effect? Or is it force?
Well, if all of the laws on the books do nothing but forbid various kinds of force initiation, then there would be no reason to object to them, by the first sentence in your second paragraph. Any other laws shouldn’t be there in the first place. Are you asking how to distinguish good law from bad law? Or how to tell when the use of force is justified in the first place?
In a sense, law is an expression of causality every bit as much as gravity-- which is the recognition that in a social setting men need to live without the threat of initiation of force by others in order to pursue their own ends with their rational faculty and trade peaceably. To meet this need, the initiation of of force ought to be barred in its various guises, but in a predictable, objective way so that everyone involved can plan their lives accordingly: i.e., proper laws. This is why (among other reasons) a mugger’s ultimatum of “your money or your life” is not a law, but a government prohibition against murder is: they serve very different ends.
I should mention that improper laws, laws that confiscate property from people to redistribute from others, say, are an initiation of force. This is true because, even though these bad laws may be enacted by the same formal process as good laws, they serve the wrong purpose-- the purpose that laws were meant to stop. So good laws are those that prevent the initiation of force, bad laws are an initiation of force.
One last thing-- the example of the mugger. In this case, the mugger would be using force. To say that the dilemma the mugger puts people in is just a matter of cause and effect ignores the fact that the mugger has a choice in the matter: he has chosen to violate the rights of others. That’s what makes him morally (and legally) culpable.