| | Marotta:
So, too with the current discussion. 1. Miniarchists maintain that there must be a monopoly of laws by geography. I have shown many instances where there are not --
No you haven't. You confusingly show instances where you think there is no monopoly of government such as pointing out international trade and overlapping jurisdictions. But you ignore the fact international trade occurs under international trade agreements (which is two jurisdictions coalescing into one in the context of trade between two territories), and overlapping jurisdictions in our country only means some are inferior to others over who has final authority. And when there were instances of anarchy, either war broke out or one authority won out over another over which law applies. Which is precisely why anarchy doesn't work, the definition of anarchy, that of competing legal systems, is nothing more than a state of war or conflict.
The county coroner who forces an investigation on a federal navy base; bank robbery; etc., etc.. (So, governmental powers are not stictly hierarchical.)
A disagreement between two levels of government is still sorted out by a level of government with superior jurisdictional authority. Ultimately these disagreements are sorted out by the Supreme Court.
Yet, we have governments. So, I agree, there is a contradiction there. Some minarchist needs to resolve it, perhaps, but II think the miniarchist definition is wrong by empirical evidence.
No, the empirical evidence you offer are different applications (i.e. the particulars) on the concept of "monopoly government". What you have proven is that it can be complex, there can be many different contexts to the law and to jurisdictions. But in no way have you empirically proven anything other than you are very confused by what you observe.
2. I have shown where true conflicts of laws at the same level -- as between nations -- are settled privately for purposes of international trade and commerce. So, for them, there is no geographic monopoly of law.
You have shown that where a conflict exists, such as between nations, a treaty can resolve such a conflict which means two jurisdictions coalesce into one over the context of trade between those nations. That's all you've shown. That isn't anarcho-Capitalism.
3. I have shown that outside of pure government per se, we all adhere to social norms that come with sanctions. So, it is not necessary for there to be some monopoly of force to ensure that everyone behaves themselves.
This is a non-sequiter. I do not think for everyone to behave a monopoly of force is necessary. Retaliatory force is only necessary in the context of someone initiating force, and most people don't initiate force, so for those people under a just and proper government they should not have any government interference into their lives. It is only that the application of justice, i.e. to use retaliation of force against a criminal, against someone who initiates force and disrupts someone's freedom, that a monopoly on what constitutes justified retaliatory force is necessary to ensure we have justice, and that the use of that force against a criminal does not itself become an initiation of force by using disproportional force or force against someone who is innocent or the use of force against someone where the crime stated is not a legitimate crime.
4. I have shown that in the real world, when people commit objective crimes, sometimes the resolution is non-governmental.
Excuse me, but you showed that contract disputes where one claims the other breached the contract can and often are (so often its 95% of the time) settled through private arbitration. No dispute from me there. Only that those private arbitration agreements are of course legally binding with the threat of force should one party renege, and as such if one party reneges on the agreement the use of force can and often is applied. Such is the case routinely for divorce settlements when one party reneges on the agreement and an officer of the court can put wage garnishments on the violator of that agreement with the use of force. Not by the arbitrary definition of what is appropriate force by a private party, but by the rules of a monopoly government on what is appropriate force.
(Edited by John Armaos on 2/17, 11:15am)
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