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Shari Sowards
Paper #2
without at least some idea of how the institutions would work. Ill start with
law and justice.
Private arbitrators, which in todays world often mediate between
corporations who dont want to use our bulky and slow justice system, would
be the main creators of law. Say I mugged you. In a society with private law,
youd recruit a lawyer and bring your case to an arbitrator. The arbitrator
would consider your claim. If he or she felt that you were indeed wronged by
me, he or she could compel me to come to court. If I refused it would be as
good as an admission of guilt. Youd be free to take what I allegedly stole
from you. I, however, would not want to go down without a fight, so I would
recruit my own attorney and submit to the summons.
Some may complain that an arbitrator could abuse his or her powers. While
this is possible, its unlikely. The reason is that the arbitrator doesnt have a
monopoly. If he or she makes poor judgments, or shows that theyre
corruptible, people wont bring cases to them. Arbitrators will do their best to
be neutral, because they will lose business otherwise.
Some might also complain about cost. After all, wouldnt the rich have
access to better attorneys than the poor? This is reasonable, especially once
the system first begins. However, this argument ignores the fact that a more
open market in justice will produce more competition. Returning to my earlier
example of groceries, the rich arent all fat and happy while the rest of us
starve. Competition creates overall equality in standards. In our current state
run system however, competition is less rigorous.
Its hard to become a lawyer. There are many rules and laws you need to
know, and state restrictions to jump through. Because of this supply of
attorneys is low, there is less competition. Celebrities can nearly get away
with murder, while 80% of us charged with felonies will have to rely on a
public defender (Robert P. Mosteller, Failures of the American Adversarial
System to Protect the Innocent and Conceptual Advantages in the
Inquisitorial Design for Investigative Fairness, 2009)
Ultimately, if we truly believe in the power of the individual, the states
coercive powers become unnecessary. We want to live in peace and
harmony, and if the police stopped doing their jobs right now, I doubt wed
all suddenly turn into blood thirsty killers. As rational reasonable individuals,
we would organize together and live as peacefully and harmoniously as
possible. Thank you all for your time today, its been a pleasure.