| Atticus Grinch |
08-02-2004 04:11 PM |
Is is "Help" or "Hope" on the way?
Quote:
Originally posted by sgtclub
You seem to suggest that the government provides the conditions necessary for me to make money. At the 50,000 foot level, you are probably correct, in that we need a stable society and methods of enforcement to allow the economy to function properly. But at a lower level, I disagree with that premise. In most of the deals I'm involved in, the law plays a very minor roll and the parties agree to opt-out of the system, and choose private arbitration instead. So, yes, I could make the salary I'm making without a government. There would still need to be an enforcement mechanism, but the private courts are perfectly able to provide this, so long as they are backed by the threat of the gun.
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You seem to think the inclusion of an arbitration provision means the parties are "opting out" of the law. Any litigator can tell you you're seriously mistaken. Putting aside Sidd's incisive comments regarding the enforceability of ADR outcomes, dispute resolution in arbitration relies on the existence of a well-developed body of substantive law that was developed in government courts. That is what makes it The Law. Arbitration works well when the substantive law is highly developed and not much in dispute, such as commercial contracts. Would arbitration work as a form of dispute resolution with inherent authority where the law is a little more fuzzy, like child custody proceedings, or the criminal law? Hardly.
The state is a human community that successfully claims a monopoly over the legitimate use of physical force within a given territory. You propose to live in a world where that monopoly is subjected to competition? We have a name for those places: the Third World. Move there if you dare.
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