How do I sue you if all you have to do is say "no thanks, not playing, fuck off"? Sure, some theoretical bs about how you're not playing the arbitration game may result in longer term loss of business etc, but isn't me hurting you (via badmouthing your business, causing others to refuse to enter agreement etc) for not compensating me via arbitration merely me enacting violence on you?
The simple answer is private insurance. More detailed answers can be found in all sorts of essays, books, and propositions regarding http://en.wikipedia.org/wiki/Polycentric_law.
So then the insurance company becomes the government. (Insurance companies will merge until there is a single one... if the history of companies is to be believed).
Or the insurance company also just says "No I don't like you, and since there is no actual way for you to enforce me paying you out, I just won't". Again, if the insurance company decides not to pay, they are enacting bad things on someone and not honoring an agreement. Fortunately since they have lots of free money and no expenses (other than those required to manipulate perception -- cheap payouts etc), they can just have their newspaper buddies out-shout anyone else and not actually be harmed by bad practices.
> So then the insurance company becomes the government.
Why? Retail stores don't become the government or merge into one. Neither do private security agencies. It's unlikely that any organization could "become the government" unless a vast portion of society accepts them as the sole legitimate purveyor of violence, which is precisely what I don't want to happen.
> Or the insurance company also just says "No I don't like you, and since there is no actual way for you to enforce me paying you out, I just won't".
Then what would you do? Personally, I would stop paying them (and probably switch to another insurance company), and I suspect a vast majority of their customers would do the same thing, and probably long before it got to the point where it "became the government."
The only ways for a private insurance company in a free society to remain dominant while consistently not honoring their agreements would be if society as a whole didn't care about the agreements being honored (which seems unlikely), if they gather enough power to physically oppress an entire region (which also seems unlikely these days, since very few governments are even able or willing to pull that off), or if they convince society that they should be allowed to have a monopoly on violence. That last one is a pretty good definition of "becoming a government," and it's certainly possible, but the whole argument I'm making is that society should not recognize any organization as having a monopoly on violence.
... and "in the long run" everything would work out, right?
Except for the most part, there's no such thing as "the long run", since the entire concept depends on the universe being relatively stationary (from a probabilistic/statistical perspective). In fact, the universe, and especially the economy/culture/society, is highly non-stationary, making the entire notion of "the long run" fallacious.
In other words, your model assumes that aggregate consumer demand for a particular basket of goods will "stay still" long enough for bad actors to get weeded out. But this is an empirical claim, and one that has been shown to be frequently false. Indeed, its falsehood is in part responsible for the 2008 financial crisis.
The world is always changing deeply and unpredictably. In the imagined scenario above, your needs for insurance wouldn't remain constant, and neither would the base of providers. Indeed, the entire ontology of the marketplace would be constantly in flux, making "in the long run" free market approaches mostly impotent as compared with collective action that directly deals with the problems we face right now.
Nope, not even close to a reasonable response. If insurance is supposed to pay out in the cases of the big black swan events, and I in good faith of the insurance agreement have put a significant amount of capital towards restitution, repairs, what-have you, expecting to be reimbursed. Now the insurance says "oh nope, fuck you"... What means do I have of paying a different company? What means do I have of getting word out that they have fucked me? I can't afford to buy off majority of reporters like a big insurance company does.
I guess I could hope for one reporter to be nice... but all the others making crap up about me for a few $K would make the other customers not actually pay heed. No penalty for the shady insurance.
Similarly you are making a big fuss over the difference between physical and economic violence. Yet you adamantly refuse to explain how a bunch of economic policies via collusion of the players, resulting in a scenario of "play by our rules or else get no way of eating or sheltering yourself" is any less violence than "do what we say or we shoot you". To me the difference is a false one: forcing me to do something with one death threat really isn't different than with another.
Finally, you somehow are confusing free market with "open and transparent operation of all economic players". We already see that isn't the case - most business hide most information about themselves the best they can, and rebel against any attempt to shed light on them. In fact government is more open about operations than almost all businesses, yet somehow there will be magic knowledge transfer between consumers and business about what those businesses really do once you take away government.
I worked for an insurance company for five years. A good one with high ethics. The entire insurance industry is predicated on not paying you. It is the very basis of the business model.
I think you have no idea what you are talking about. None.
> What can private insurance do for me if I am killed?
What can anything do for you if you are killed? I don't understand the relevance. You could still have private life insurance to provide for your family, but that's no different than today.
> What if I can't afford private insurance?
What if you can't afford the fees associated with litigation in the government court system? I never claimed that my suggestion would suddenly make everything fine for poor people. It's always going to be worse to have less wealth, just like it is in our current society.
> Seems like decrying a 'monopoly of violence' and replacing it with a 'vibrant violence marketplace' is quite a few steps in the wrong direction.
I don't understand how. Neither system is a utopia, but a competitive system motivated by profit would probably be cheaper (because customers like lower prices) and less violent (because violence is expensive and risky) than a government monopoly.
The only reason violence is currently risky is because the government will put forth a lot of resources (more than most businesses or individuals could afford or consider prudent) to stop violence or at least punish the perpetrators. In your system, there is no reason for me not to kill someone in a slightly sneaky manner - basically as long as it can't easily be pinned on me, there is no repercussion. No one will track me down. I can just come by and kill you whenever. Oh wait, you'd pay for security. Then the security companies would start enforcing rules in their zones (remember property doesn't exist without someone there to enforce the property). Those security guys could take over the zone next door. Oh and prevent people from living. Repeat for larger and larger groups. Suddenly we have government of the feudal or warlard kind all over again. Crap.
>What can anything do for you if you are killed? I don't understand the relevance.
What is to keep someone from killing me to get their way? Private insurance? Are they going to go to war for me after I'm dead?
>What if you can't afford the fees associated with litigation in the government court system?
Well, if the conflict 'resolution' involves the other party resorting to violence or theft, I can turn the matter over to the into the State whether I can pay for it or not. There are hard limits placed on how far the other party can go in getting what they want.
>violence is expensive
I don't see how violence is expensive. Violence is cheap. Bullets don't cost much. Rocks are even cheaper.
In fact, violence can be very profitable. Got $10 in your pocket? Just paid for my bullet and then some. Got a $30,000 car? Well now, that should pay for a few rounds.
What you propose is a fantasy, pure and simple. And not even a very plausible one.
Violence is always a specter (a potential action) in any conflict between people. The question is; How do we minimize the role of violence in coming to resolutions to conflicts? I think the rules we've evolved to answer that question of the course of human history have done a decent job.
Do you have a different set of rules that you think would better optimize this minimization problem? I'd love to hear it.
Of course not. It was already false, long before I declared it so.
> Violence is always a specter (a potential action) in any conflict between people. The question is; How do we minimize the role of violence in coming to resolutions to conflicts?
I agree completely.
> I think the rules we've evolved to answer that question of the course of human history have done a decent job.
>Of course not. It was already false, long before I declared it so.
Show me how it is false. I am a very reasonable person who is prone to change his mind when presented with a solid argument. I am inviting you to make that argument.
How can I prove it, and why should the burden of proof be on me? The statement was that litigation cannot exist with government. I certainly think the burden of proof is on the personal claiming that something "cannot exist."
The statement was that litigation cannot exist with government. I certainly think the burden of proof is on the personal claiming that something "cannot exist."
You are the one claiming that litigation can exist without government. Litigation has never, in all of recorded history thus far, existed without the backing of government. Thus, the burden of proof is on you.