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I have been thinking about this question since the time I
posted “An
Anarchic Possibility for the Modern World” in which I offered possible
market solutions to most if not all government functions. I wish I had dealt with this question of who
will pass the laws in the referenced post.
I will take a crack at it now.
Perhaps I am oversimplifying this, but it seems to me that
all “law” will be found in the contracts – explicit or implicit – behind either
insurance or homeowners associations (in some cases, either could be used or
both in conjunction).
For example, customers will demand insurance against theft,
assault, etc. – safety and security of person and property. Will enough customers demand insurance
against everyone else in the world smoking pot?
It is difficult to imagine that many people would want to pay the
premium for this rider.
Speed limits, jaywalking, property appearance and zoning,
access? The HOA would be ideally suited
to decide “laws” (more like covenants) on such issues.
This concept has similarities to law in the Middle Ages;
much of law was personal, individual. It
was based on sacred oaths – while not exactly a contract, close enough.
In any case, I welcome thoughts on this – am I
oversimplifying? What are some examples
of NAP-respecting laws that might not find solutions via the methods described
in the short paragraphs above?
In his speech on the transition from (natural) aristocracy to monarchy (I assume you've seen it --if not: http://bit.ly/VFl8xs), Hoppe talks about the rise of courts and arbitration. He talks about how the legal decision makers did not write laws or look to legislation but rather focused on "fact finding." Since the assumption was that every man owned himself and his property, it wasn't a matter of figuring out the law, it was a matter of discovering the facts of the case.
ReplyDeleteSo in Propertarian society that has been highly developed, I think that it is true that all "law" is found in contracts and the means by discovering these context-dependent "laws" is the same "fact discovery."
How should law be enforced in Scenario X? Depends on the facts of the contractual agreement.
Take that and run with it.
Hoppe has done so much wonderful work on both defense / security without coercive government as well as law during the medieval period. Thank you for reminding me of this.
DeleteWho will make the laws? For Libertarians that's easy - the individual private property owners will make their own laws. But then why should I care who makes the law? Speed limits are still infringing on my use of my private property by others. I somehow offend someone and am facing a lawsuit why should I care if I have to turn to some private arbitration business or a local courthouse?
ReplyDelete"Speed limits are still infringing on my use of my private property by others."
DeleteI've always had a hard time with this one. I can't argue that speed limits are infringing on my rights because, even with a privately owned rode, there would most likely be speed limits on some streets in a libertarian society. If government "owns" the rode they can set speed limits. What I do take issue with is the government forcibly taking my money to pay for the rode, regulating competition out of the rode market and *then* using citations (speeding... etc.) as a revenue source. This actually gets to your other question: "...why should I care if I have to turn to some private arbitration business or a local courthouse?". The reason you should care is the motivation. While the private arbitration business and the local courthouse have the same motivation, namely to make money, they differ in their methods of accomplishing this motive. The courthouse resorts to force while the private business relies on customer satisfaction.
Hi BM,
ReplyDeleteHave you ever read The Moon Is A Harsh Mistress?
I hate to be one of those "science fiction libertarians" but Heinlein makes several compelling points about culture filling in the need for order without any actual laws being passed.
I have not read it, however I hold the same view. There are many aspects of life for which the NAP is - fortunately - silent. Culture, as you put it, will often determine how those voids might be filled.
DeleteLaw can be coherently conceptualized as a set of rules for dispute resolution that are not enforceable unless publicly adopted by each individual upon who they would be enforced. Somewhat like a sacred oath. For more details, check out www.vlda.org (my blog). I do appreciate critical comments on the topics written of there.
ReplyDeleteI will check in from time to time, thank you for the link.
Delete