Government by definition claims a priori authority over all conduct within a given geography. You don't opt in; you're subject to it by birth. Your only "choice" is to leave that geography for some other place on earth where hopefully the people who are calling the shots are nicer. If you "choose" to stay where you were born, you are bound by those laws regardless of your opinion or agreement. A hypothetical moral government could enforce only voluntary contracts, and otherwise coerce no one into compliance with any rules they did not agree to. But as they say, power corrupts, etc.
You can guarantee the absence of coercion in the absence of government through the concept of estoppel.
Estoppel is the reason why if someone physically attacks you, you are justified in using force to subdue them. They can't shout "ow, let go of my arms" because they initiated force, and are therefore precluded from objecting to the use of force against them.
So in a hypothetical place without a government, if someone initiates force against you without cause, you are free to respond with force to stop them. This doesn't mean you have to do it yourself, and indeed, many people are incapable or unwilling to use force effectively. But you may certainly designate an agent to use force on your behalf to subdue an attacker. Under narrow circumstances, this is true of the local police for each of us today. If you work in a high security facility of some sort, it is true of the security guards who are charged with the use of force by the company.
And there's nothing to prevent people from freely agreeing to pool resources for such services for the benefit of the local community, even to the extent that some may subsidize such services for those who cannot afford to pay. People have come to similar arrangements throughout history, although the voluntary aspect was usually lacking to varying degrees. The only difference would be that your wealth would not be taken from you at gunpoint and given to one group not of your choosing to provide this service, whether you agreed to it or not.
No reasonable person believes that if government vanished, things would magically be better (this is usually the point at which someone throws Somalia in your face and shouts aha). People are inherently evil, and in the absence of the threat of restraint, some of those people would seek to harm others for any number of reasons, or for no reason. Government does provide valuable services, and few would argue otherwise. The argument is whether or not a government monopoly on those services is the best or only way to achieve the same goals; and tangentially whether a government monopoly is morally justified, apart from any utilitarian questions.
You can guarantee the absence of coercion in the absence of government through the concept of estoppel.
Estoppel is a well-known common-law principle that prevents or precludes someone from making a claim in a lawsuit that is inconsistent with his prior conduct, if some other person has changed his position to his detriment in reliance on the prior conduct (referred to as “detrimental reliance”). Estoppel thus denies a party the ability to assert a fact or right that he otherwise could. Estoppel is a widely-applicable legal principle that has countless manifestations.8 The Roman law and today’s civil law contain the similar doctrine venire contra factum proprium, or “no one can contradict his own act.” Under this principle, “no one is allowed to ignore or deny his own acts, or the consequences thereof, and claim a right in opposition to such acts or consequences.”
So in a hypothetical place without a government, if someone initiates force against you without cause, you are free to respond with force to stop them. This doesn't mean you have to do it yourself, and indeed, many people are incapable or unwilling to use force effectively. But you may certainly designate an agent to use force on your behalf to subdue an attacker. Under narrow circumstances, this is true of the local police for each of us today. If you work in a high security facility of some sort, it is true of the security guards who are charged with the use of force by the company.
And there's nothing to prevent people from freely agreeing to pool resources for such services for the benefit of the local community, even to the extent that some may subsidize such services for those who cannot afford to pay. People have come to similar arrangements throughout history, although the voluntary aspect was usually lacking to varying degrees. The only difference would be that your wealth would not be taken from you at gunpoint and given to one group not of your choosing to provide this service, whether you agreed to it or not.
No reasonable person believes that if government vanished, things would magically be better (this is usually the point at which someone throws Somalia in your face and shouts aha). People are inherently evil, and in the absence of the threat of restraint, some of those people would seek to harm others for any number of reasons, or for no reason. Government does provide valuable services, and few would argue otherwise. The argument is whether or not a government monopoly on those services is the best or only way to achieve the same goals; and tangentially whether a government monopoly is morally justified, apart from any utilitarian questions.


Comment