So let's just jump right in. How could a complex modern society possibly get by without a government? I mean, no police, no courts, no lawmakers, all the things we pay for with our taxes. It sounds like a total recipe for chaos, right? But what if the opposite is true? What if the state itself is actually the main source of conflict? Today, we're going to explore the blueprint for a society based entirely on private law.
You know, the great writer Leo Tolstoy said something really interesting about this way back in 1900. He said that anarchists are right about pretty much everything, especially that the violence of the state is often way worse than any alternative. Their only mistake, he thought, was believing that anarchy could ever be established through a revolution.
So that leaves a big question on the table, doesn't it? If not through some big violent overthrow, then how? How could a society like this ever actually happen? Let's walk through the theory, the basic architecture of what's called a private law society. Here's what we're going to cover. First, we'll ask if order is even possible without a state.
Then we'll look at two very different paths a society can go down. We'll explore system built entirely on contracts and see how law itself could become a product you buy. Then we'll contrast all this with classical liberalism.
And finally, we'll talk about what it would really take to get to this kind of world. All right, first things first, we've got to get our heads around the core idea here. The argument isn't just that a society can exist without a state.
It goes deeper. It says the state is fundamentally incapable of creating a truly just and stable social order in the first place. So there's this philosopher, Hans Hermann Hoppe, and his whole argument is that the state isn't some neutral referee that prevents conflict, it's a machine that actually creates it.
See, by having one set of rules for the rulers and another for the rest of us, it creates constant legal insecurity. The solution, he says, has to be non-statist, meaning it has to exist completely outside the whole framework of the state. Okay, so let's get down to brass tacks.
Pretty much every conflict we have comes down to one thing, scarcity. The simple fact that we can't all have the exact same thing at the exact same time. And the way a society decides who gets what, how it handles property rights, determines whether you get harmony or you get conflict.
And this slide, well, it just lays it out perfectly. On the left, you've got the private way. It's all about voluntary cooperation.
If you own something, the only way you profit is by serving other people. But on the right, you've got the public way. That's all about compulsion.
Some street government takes control, slaps taxes on you, and makes it impossible to leave. This basically guarantees permanent conflict over how that public property gets used. So if the public way is the problem, what's the alternative? Well, it's the idea of a society built not on laws and government decrees, but on something much simpler and more powerful, private contracts.
And that brings us to the core definition here. A private law society is one where everybody, and I mean everybody, from you and me to the biggest companies, plays by the exact same set of rules. There's no special class of people called government who can legally do things others can't, like take your property or tax you.
There's just private law and private property, period. And this is where you really see the difference. On the left, the state operates in what's called a contractless legal vacuum.
Think about it. You don't have a contract with your government. It can change the rules.
It can change the price, your taxes, whenever it wants. But on the right, a private system is all based on explicit voluntary contracts. And to change the terms, everyone involved has to agree.
That creates an incredible amount of stability and predictability. Okay, I hear you. But how would any of this actually work? If there's no state police or court system, who provides security? Who settles disputes? Well, this is where things get really interesting.
This is where law and order become a competitive product, just like anything else you'd buy. So how does it work? Well, in this model, security isn't a monopoly. It's provided by competing agencies, private police forces, insurance companies, and arbitration firms.
They all have to compete for your business. You'd pick your security provider just like you pick your cell phone provider. You'd look at the price, their reputation, and the quality of their service.
So let's play this out. What happens when a client from insurer A gets into a dispute with a client from insurer B? First, a conflict pops up. Second, both insurers are now contractually on the hook to find a solution for their clients.
Since neither one can just force a decision on the other, they have to move to step three. They agree on a neutral third-party arbitrator that they both trust. Step four, the arbitrator hears the case and reaches a verdict.
And over time, as this happens again and again, you get step five. A universal, harmonized body of law emerges because any arbitrator who's seen as unfair or biased, well, they just go out of business. No one would agree to use them.
Now, it's really important to draw a line here. This vision of a purely voluntary society isn't the only game in town when it comes to free markets. There's a really big difference between this kind of anarchism and what we call classical liberalism.
See, the anarchist position we've been looking at argues for getting rid of state coercion completely. But classical liberals, like the famous economist F.A. Hayek, they disagreed. Hayek believed that to have the most freedom possible for everyone, you actually need a minimal state.
Its only job would be to act like a referee, enforcing some basic rules to stop powerful people from pushing weaker ones around. And Hayek, he put it pretty bluntly with this quote. He believed in strictly limiting government for sure, but he saw that limited role as absolutely essential.
For him, being against government interference in the market didn't make you an anarchist. It just meant you believed in the rule of law. And that brings us to the biggest counter-argument against a purely private society, the idea of market failure.
It's the concept that free markets, left to their own devices, sometimes fail to create the best results for society. I mean, how does a purely private system solve a huge problem like pollution from a factory? The costs, like dirty air, get forced onto people who never agreed to the deal. It's a central point of debate.
And frankly, there's no easy answer. So let's bring this all back to the ultimate vision. If this society isn't born from some big revolution, what's the final destination? And how in the world do we get there? The ideal, the end goal, is a society that's completely free from this kind of institutionalized conflict.
It's a world where every single interaction is voluntary and all scarce resources are under private control, managed by people cooperating with each other for their own mutual benefit. And this brings us full circle, right back to where we started with Tolstoy. The path forward isn't a violent political revolution.
It's a quiet intellectual one. It happens when people, one by one, start to feel like they don't need the state's protection anymore. And eventually, when they become ashamed to even think of using its power against other people.
So in the end, we're left with this huge question. Is the state, like Hayek might say, a necessary evil, a framework we need to prevent chaos and protect freedom? Or is it, as Hoppe and Tolstoy would argue, the single biggest obstacle standing in the way of a truly peaceful, just, and voluntary society? That right there is the heart of the whole debate.
"You'd pick your security provider just like you pick your cell phone provider. You'd look at the price, their reputation, and the quality of their service."
This is already a thing in South Africa due to a failing state.
Humans organise in groups because groups magnify the power projection capacity of individuals.
The higher the technology the larger groups are required to enjoy the potential benefits of the technology.
The wealth of people is hugely derivative of the quality of their governments and well those governments organise the collective potential of the citizens and their resources.
Libertarian anarchists are dreamers who have not considered the dynamics of power, wealth and human society.
Libertarians are for government, anarchists don't have it.
My advice to you is to stop embarassing yourself.
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