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- Newsgroups: bit.listserv.xtropy-l
- Date: Wed, 23 Dec 1992 10:36:40 PST
- Sender: Extropians - discussion/development of Extropian ideas
- <XTROPY-L@UBVM.BITNET>
- From: Hal Finney <ghsvax!hal@UUNET.UU.NET>
- Subject: Privately Produced Law
- Lines: 89
-
- One of the Extropian "buzzwords" is Privately Produced Law, often
- abbreviated PPL. This terminology goes back to an article in Extropy
- by Tom Morrow, I believe. But the concept is basically the same as
- what is sometimes called "anarchocapitalism", and which can be found
- discussed at length in such books as David Friedman's "The Machinery
- of Freedom" and a book by Bruce Benson whose title escapes me now.
-
- The basic concept can be seen as an extension of libertarianism.
- Libertarians want to reduce the power of the state, the government, to
- just the basic functions. PPL goes beyond this to privatize _all_ the
- functions of government.
-
- In PPL, there would be different organizations which, for a fee, would
- provide the services which we associate today with government. In
- particular, PPL agencies would provide legal systems which would be
- used to settle disputes and keep the peace.
-
- Today, there are many competing legal systems, but they are
- geographically separated. What legal system you live under depends on
- where you live. A person living in London will be subject to
- different laws than a person living in New York or one living in
- Moscow. To some extent, these legal systems can be seen as competing,
- in that people can move from place to place in order to find a legal
- system they prefer.
-
- PPL basically extends this concept to a system where legal systems are
- not geographically determined, but for which each individual can
- choose which legal system he prefers. Basically, he could sign up as
- a client with the PPL firm that he chooses. Each PPL system would
- publish a code of laws which it would enforce on behalf of its
- clients, along with a schedule of fees for membership. As in any
- market based system, the variety of choices available to consumers and
- the costs of the various choices would depend fundamentally on supply
- and demand: demand based on the preferences of the people involved,
- and supply determined by the difficulty of providing the various
- legal alternatives.
-
- The first question that most people ask when presented with this idea
- is, what happens when two people come into some conflict who are
- members of different PPL agencies? Whose law takes precedence?
-
- Without trying to predict exactly how such a system would work, there
- are several possible answers. It is expected that the various PPL
- agencies will work out "treaties", contract-based agreements for how
- to resolve these types of conflicts. This might work similarly to how
- treaties now work between nations to resolve similar cases where it's
- unclear whose law applies. It is _not_ expected that PPL agencies
- would "go to war" with each other over such disagreements, any more
- than the U.S. and England would go to war whenever a jurisdictional
- issue arises. War is expensive.
-
- There may also be private arbitration agencies established
- specifically to judge inter-agency disputes. In a case of conflicting
- PPL agency claims, the arbitration agency would decide on how the
- claim would be settled.
-
- There are several advantages to a PPL system. First, it basically
- allows the market to decide on the set of laws in use. This should
- expose the costs of various legal systems more clearly, allowing
- consumers to make better decisions about which laws they wish to live
- under. Our present legal system does not lend itself to decision
- making based on costs and benefits very well.
-
- Also, a market based system allows room for niche and minority views.
- Standard law is an all-or-nothing affair; the minority tends to get
- completely overridden by the majority. Markets, on the other hand,
- can offer options to even rather small minorities. If most people
- prefer coffee, there is still a market for tea drinkers.
-
- In addition, a PPL system does not require people to accept a
- particular view of the purpose of government. There is room for a
- variety of views, each with its own set of PPL agencies. This should
- reduce the political tensions which exist under the present "winner
- take all" system, where each group works to convince others to join
- their cause.
-
- PPL is relatively untried, but there have been some historical
- precedents. Friedman's book describes medieval Iceland as having many
- characteristics similar to the modern concept of PPL. It is a good
- reference for learning more about this concept.
-
- From the point of view of Extropians, PPL extends the Extropian
- principle of Spontaneous Order to the legal arena. Through the
- interaction of PPL agencies, arbitration services, and private
- individuals, "law and order" can be provided without the need for
- centralized monopolies in the form of governments.
-
- Hal Finney
- hal@ghs.com
-