| | Michael,
You said,
If natural law requires that government provide courts, police, and army, then, government must provide them. That means that the courts must exist and be in place and that they be available for citizens (and non-citizens) for conflict resolution between private parites, as well as for law enforcement, in addition to redress of grievances by citizens (and non-citizens?) against the government. I know of NO natural law like you are talking about. I know of natural rights - ethical rights - and I know of the man made laws that are or could be created to define and protect those rights. There is, therefore, no natural requirement, but instead a logical requirement that we choose the most reasonable implementation - if we choose to honor individual rights.
You said,
So, if my dog digs up your roses, you can sue me. According to the theory proposed by Rand and Machan, there would be some question as to whether or not you could sue me if my dog destroyed your roses. Is there a contract? Who paid the court fees? There probably isn't a contract in today's society (unless there is a clause that exists in a homeowners agreement that you are both party to, and that clause can be construed to cover damage by pets - that would grant a meeting of the minds).
First, let me point out, that under the Rand's proposed system, society would modify how they structure many different arrangements to ensure that things like that would be covered.
Second, financing the courts through the contract's optional insurance clause was not, by Rand anyway, intended to finance only contract disputes. It could cover appeals of civil cases, administrative costs of the civil court, it could cover the cost of torts. It could cover all civil court costs. And it would not preclude, as others have pointed out, that tort costs could be born by the losing party as an additional source of support for the civil courts.
You say,
That contradicts the expectation that under natural law, an objectively constituted government provides courts of law. Again, there is no such thing as natural law as you are describing it. What the Objectivists are doing is finding the best method for supporting a society where individual rights are best supported (which includes looking at methods for taking optional services and attaching a fee to support them.)
Your attack on having a set of laws that support individual rights is usually more subtle and more eloquent than this post. Our economy is staggering along, barely, under the horrendous load of current government costs. But you want us to believe that you are all worked up over the costs of a minimal government, while implying that protecting individual rights is somehow to be construed as an unwarranted entitlement violating Objectivism's key tenents. Give me a break!
The cost of a minimal government is tiny - the cost of anarchy would be beyond measurement because of the blood, because of the loss of the free marketplace that can only exist with a common set of laws that define individual rights (and the courts that those laws logically require), and because of the loss of achievements and happiness that could and would have been.
It is anarchy that we can't afford.
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