http://libertarianlonghorns.com/2009/02/19/free-market-law/ Freedom lives at UT Austin Wed, 16 May 2012 20:00:41 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://libertarianlonghorns.com/2009/02/19/free-market-law/comment-page-1/#comment-61 Free Market Law | LibertarianChristians.com Fri, 15 May 2009 23:36:46 +0000 http://libertarianlonghorns.com/?p=79#comment-61 [...] Part 1: Free Market Law Libertarians sometimes try to derive solutions from the basic axiom of libertarian law requiring consent between both parties in every human interaction, but this cannot be the correct method. When there is a dispute over rights, there is automatically something non-consensual going on; to use the axiom of consent yet hypothesize a situation that already violates it is a contradiction and hence can lead nowhere.  All we can say is that given some dispute, something must happen so that everybody agrees on who owns what; of what that something may be the axiom of consent says nothing other than to constrain it in the same way it constrains all human interactions. However, with a little imagination possibilities occur readily. First it is necessary to find an arbiter for the dispute and for both parties to agree to abide by its ruling. This arbiter would have to be some third party, because if it didn’t, then there would be no dispute in the first place. Unlike our government monopoly system, anybody may offer arbitration services simply by advertising such services. These services would likely charge by the ruling, and they would have a strong incentive to be seen as fair, unbiased, and efficient. [...] [...] Part 1: Free Market Law Libertarians sometimes try to derive solutions from the basic axiom of libertarian law requiring consent between both parties in every human interaction, but this cannot be the correct method. When there is a dispute over rights, there is automatically something non-consensual going on; to use the axiom of consent yet hypothesize a situation that already violates it is a contradiction and hence can lead nowhere.  All we can say is that given some dispute, something must happen so that everybody agrees on who owns what; of what that something may be the axiom of consent says nothing other than to constrain it in the same way it constrains all human interactions. However, with a little imagination possibilities occur readily. First it is necessary to find an arbiter for the dispute and for both parties to agree to abide by its ruling. This arbiter would have to be some third party, because if it didn’t, then there would be no dispute in the first place. Unlike our government monopoly system, anybody may offer arbitration services simply by advertising such services. These services would likely charge by the ruling, and they would have a strong incentive to be seen as fair, unbiased, and efficient. [...]

]]> http://libertarianlonghorns.com/2009/02/19/free-market-law/comment-page-1/#comment-45 The Violation of Rights | Libertarian Longhorns Sat, 25 Apr 2009 22:19:28 +0000 http://libertarianlonghorns.com/?p=79#comment-45 [...] system of free market law I have described in earlier posts resolves all of these problems. People will naturally tend to create a system of [...] [...] system of free market law I have described in earlier posts resolves all of these problems. People will naturally tend to create a system of [...]

]]> http://libertarianlonghorns.com/2009/02/19/free-market-law/comment-page-1/#comment-31 The Foundations of Rights and the Capitalization of Law | Libertarian Longhorns Thu, 26 Mar 2009 07:19:33 +0000 http://libertarianlonghorns.com/?p=79#comment-31 [...] of homesteading and consensual exchange. This is certainly a more fundamental issue than the one discussed in a previous post, in which I described how a system of law can arise out of the network of contracts between people [...] [...] of homesteading and consensual exchange. This is certainly a more fundamental issue than the one discussed in a previous post, in which I described how a system of law can arise out of the network of contracts between people [...]

]]> http://libertarianlonghorns.com/2009/02/19/free-market-law/comment-page-1/#comment-7 Norman Thu, 19 Feb 2009 23:25:22 +0000 http://libertarianlonghorns.com/?p=79#comment-7 Very interesting. I'm intrigued by your critique of the "consent" idea. I'm not sure I have ever heard it said that way before, but it makes good sense. Thanks for posting this! Very interesting. I’m intrigued by your critique of the “consent” idea. I’m not sure I have ever heard it said that way before, but it makes good sense. Thanks for posting this!

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