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by objectivistbrit 1859 days ago
> Consider, as a particular example, the issue of capital punishment. Some people might feel that the risk to themselves of being convicted, correctly or incorrectly, and executed for a capital crime outweighed any possible advantages of capital punishment. They would prefer, where possible, to patronize protection agencies that patronized courts that did not give capital punishment. Other citizens might feel that they would be safer from potential murderers if it was known that anyone who murdered them would end up in the electric chair. They might consider that safety more important than the risk of ending up in the electric chair themselves or of being responsible for the death of an innocent accused of murder. They would, if possible, patronize agencies that patronized courts that did give capital punishment.

> Disputes between two anti-capital-punishment agencies will, of course, go to an anti-capital-punishment court; disputes between two pro-capital-punishment agencies will go to a pro-capital-punishment court. What would happen in a dispute between an anti-capital-punishment agency and a pro-capital-punishment agency? Obviously there is no way that if I kill you the case goes to one court, but if you are killed by me it goes to another. We cannot each get exactly the law we want.

> We can each have our preferences reflected in the bargaining demands of our respective agencies. If the opponents of capital punishment feel more strongly than the proponents, the agencies will agree to no capital punishment; in exchange, the agencies that want capital punishment will get something else. Perhaps it will be agreed that they will not pay court costs or that some other disputed question will go their way.

This is exactly the consequences of "everyone chooses their own laws" put into action. Not only can we not get "exactly the law we want", we have to either pay off or haggle with everyone who wants a competing law (the amount of payment driven by how strongly either side "feels" about the issue in question).

I've heard ancaps argue that the current system in the West is similar (in that you have to accept the laws that the majority votes for). The current system is certainly not ideal. My point is that an ancap-style system doesn't even lead to anything resembling what most libertarians are looking for in a free society. (Anyone curious can read the two links in the post above for references to more material on what I think a rational path to a free society would look like.)

2 comments

Another hn comment about the same part of the book (from 2009) : https://news.ycombinator.com/item?id=783458
Honestly, it sounds like anarchocapitalism would quickly devolve into something resembling street gang rivalries (barring an completely unrealistic, near-religious commitment to the principles of anarchocapitalism by all members of society). It's hard to believe that "choose your own laws" won't end up with many, many groups choosing "the law is we get what we want, and you have to support us or be punished."

This book sounds like social-science fiction.