A hypothetical

Part of an ongoing discussion about libertarianism, anarchy, states, and Utopias.

A reader with the chilling name of Iceberg 18 writes: “There is no compelling evidence (in my mind) that suggests that a monopoly provider of justice is better than justice provided by competing private defense agencies.”

He asks for evidence, but I assume he means he wants to hear an argument, since there is no question of fact in dispute here, only a question of law and logic.

How would a subscription service of law and order work? I suggest the following hypothetical thought-experiment. All you law students out there, have your Prosser Torts and “In A Nutshell” ready, and take notes. There are several legal issues involved, several parties, and several claims of civil and constitutional infraction. Ready? Begin!

In one polity are two competing providers of justice.

They each have their own police, law courts, armed guards, et cetera, and they provide high and low justice. However, they are not competing Pinkerton Agencies under a single set of laws, and they are not municipalities under a federalism: they make separate laws without consulting each other. There is no common magistrate to decide between them.

To give the thought-experiment local color, let us situate it in a small but strongly walled town on the brink of Niagara Falls, a tourist spot of considerable beauty. The town’s main income is from the tourist trade. There are beautiful antique churches, graveyards, and ancient Greek ruins on a little hilltop forming the city’s citadel. Got the image in your mind?

To give the thought-experiment some drama, let us propose that across the river are the dread and dreaded Canadians of Eddore, a race immeasurably superior to man, who look with envious eyes at our walled city, and with intellects vast, cool and unsympathetic seek to flee their cold and dying country, and to take the Walled City for their own.

There are two Justice Companies. One is the Fenian Orange-Catholic Inquisitional Holy Office for the Doctrine of the Faithful. It is run by Torquemada Guy Fawkes. The other is the Neo-Nazi Black Pantha Al-Qeda Jewkilling Corporation, Lmt., run by Osama von Hitler III.

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Originally published at John C. Wright's Journal. Please leave any comments there.