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by no_flags
5129 days ago
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I think you miss the point a bit, but I admit it's a bit long so I don't blame you for not reading it all. Mediation is just one of the author's guesses at what free market law might look like. The first half of the article addresses the fact that it is impossible for the law to be objective. This is an extremely interesting idea in my opinion so I would encourage onlookers to check it out even if you are solidly convinced that free market law could never work. It's a bit hard to summarize the article so don't accept qdog's TL;DR at face value without reading it yourself. My TL;DR, quoting from the article's conclusion:
"The fact is that there is no such thing as a government of law and not people. The law is an amalgam of contradictory rules and counter-rules expressed in inherently vague language that can yield a legitimate legal argument for any desired conclusion. For this reason, as long as the law remains a state monopoly, it will always reflect the political ideology of those invested with decisionmaking power. Like it or not, we are faced with only two choices. We can continue the ideological power struggle for control of the law in which the group that gains dominance is empowered to impose its will on the rest of society, or we can end the monopoly." |
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I'm not saying that there aren't valid points brought up by Libertarians, just that most of the theories are not feasible in the real world. Education, for instance, if there is no state-sponsored alternative (it is an alternative, we have private and home schooling in every state as far as I know), the people who have to work for a living often do not educate their children (my wife has an aunt who cannot read or write because her parents worked and she was put to work at an early age, so that's what has always happened in history). Yes, that's their choice, but not always the choice of the children, and uneducated masses are not likely to be able to live and make rational decisions in a society.
The law is imperfect, but throughout history civilization has been in a struggle to reduce oppression. Based on history I can't really see how removing laws would do anything but allow some 'bad actors' to acquire more power for oppression.
Anyways, based on the ability reason about things, maybe you aren't a libertarian, maybe you're a liberal and just don't know it ;)
Thanks for being civil, though, I don't mind having to read a bit (although that was just too many pages for me), and I've surely picked up some bit of knowledge.