Law is order, and good law is good order. Aristotle

The law is reason, free from passion. Aristotle

The law is the public conscience. Thomas Hobbes

The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of law, where there is no law, there is no freedom. John Locke

People crushed by laws, have no hope but to evade power. If the laws are their enemies, they will be enemies to the law; and those who have most to hope and nothing to lose will always be dangerous. Edmund Burke

The natural liberty of man is to be free from any superior power on Earth, and not to be under the will or legislative authority of man, but only to have the law of nature for his rule. Samuel Adams

Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’ because law is often but the tyrant’s will, and always so when it violates the rights of the individual. Thomas Jefferson

There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice. Montesquieu

Part I.  Nae KingNae quin! Nae Laird! Nae master! We willna’ be fooled agin!”

Personally I am a Minarchist, (not a Monarchist, at least until the King comes o’er the water).  I believe that government is a necessary part of human life in a society.  I don’t mean that we need a government, although I accept that grudgingly. I mean that I believe a government will unavoidably exist in any society that grows beyond a handful of isolated families.

If we build Galt’s Gulch, or fly away to planet Rothbard orbiting Spooner’s star, we can try Anarcho Capitalism.  Liberty theorists, and the history of free market economies, tell us to expect it to be economically successful.  (Well as long as we don’t invite any of the capital L types along.  If we do we may get to learn how well an economy of stoners arguing about who is the one true Libertarian, while a fat dude dances naked, will work.)

Unfortunately keeping Sarwark and pals™ out, (along with the Communists, Nazis, and ordinary well-meaning folk who want to implement a Government just to help with [fill in today’s chosen issue]) means a Government.  Either Thelematopia is just a voluntary gathering of individuals that anyone can enter, or it has some mechanism for deciding who can enter.  If it has a mechanism with the power to exclude, that mechanism is a Government.

But hey, we are not really popular with any of those types of people so maybe they will leave us alone (at least at first)* and we can get on with living in a truly voluntary society, with no Sovereign.

Ok, so we have founded Libertopia, or more accurately all moved to some chunk of land with no official name (because we don’t have officials, and there is no way we all call it the same thing.  Someone, I name no names, will probably call it Phatopia.), no government, and a bunch of intelligent pioneer types champing at the bit to get their business ideas off the ground.  Next thing you know Rothbardia Thelematopia Libertopia Phatopia Galt’s Gulch Bonerland is rolling in cash.  And our cash is all privately issued, and has to compete with 300 other currencies, so our cash is all very good money, (well except for that one BanQ that has no assets, but was smart enough to print bills with nude Thots, and Dudes in tailored suits on them).

BanQ $50

We have soaring wages because initially there is a serious shortage of people wanting to work for someone else, and a glut of people starting new businesses, but that is a self-correcting problem.  We probably have a Male to Female ratio that makes China look like a Bachelorette Party, but we all have BanQ Spankbux in our bunks, and I’m sure someone will import hookers  contract wives.  There is some grumbling because fat dudes with no pants are everywhere you look, but that will go out of fashion when the personal safety insurers start adding in “no pants = no policy” riders after the 3rd or 4th STEVE SMITH incident.

Your stunningly beautiful home and yard, built in the Grand Style of Last Tuesday, with the special topiary (bush bushes) will sit next to that jerk’s dilapidated trailer with the landscape theme of broken beer bottles and whisky accent pieces.  But that jerk is willing to share his beer on a hot day, and your wife really likes him, she’s always popping over to his place for something or other, so you can put up with the inconvenience.

Life is generally pretty good.

What happens next?

Every nation on Earth, or in the neighborhood of the Spooner System, sees this huge pool of wealth sitting in a place with no standing army and no formal leadership.  Meanwhile those same nations have watched their more entrepreneurial citizens pack up and move to our place.  And our place is full of degenerates who can do whatever drugs they choose, have whatever flavor of sex they choose, and worship whatever God, in whatever way, they choose.  And many of our people have chosen the WRONG GOD!  Most offensively, our place has no stifling regulations has raced all the way to the bottom, and our businesses are able to undercut in price, and exceed in quality, their businesses.

Invasion happens next.  I think Liberbonertopia ends here as our volunteer defense force is still arguing about who gets to be captain, and no one shows up for the second day of Warty’s PT classes. But for the sake of argument pretend we have Ragnar  “Deus ex Machina” Daneskjold, and he goes out and whups the invasion fleet for us, with his good ship the NSS! Can I Touch it John? Please, Just once? and the outside threat is defeated.  What about the inside threat?

Someone, or some group of people, will attempt to seize power.  Not may, will.  Even if we start out with purely libertarian folk, and none of them are unprincipled louts, and no one gets greedy.  They will have kids.  There will be immigrants, increasing in number as we become more wealthy.  Some of the residents will not be successful at building a business.  Some will end up as unhappy employees.  Some will be afraid that old Ragnar won’t be able to stop the next invasion without a government. Unhappy people will romanticize the virtues of Government.  And someone will see an opportunity in this and will try to ride it to a throne.

They will either succeed without opposition, voila government!  Or they will be resisted.  If the resistance loses, you get, you guessed it! Government. If the resistance succeeds you end up with the leaders of the resistance in control.  Will they all be content to give up the power after they beat back the threat?  How many times can this play out before most of the residents decide they need to form a government if only to prevent the next would be king from succeeding?  But say I am completely wrong about human nature and no one tries to become king.  A certain Heroic Person of Varied Ethnicity objected to this as a strawman, so throw it away.

Say we never have a would be king.  Unless we are simply going to accept theft, rape and murder as reasonable parts of life we have to have some mechanisms for preventing such acts.  But the idea here is that we want anarcho CAPITALISM not pure anarchy, so I don’t think we are just going to accept those things.  Free markets require respect for property rights and rights of person.  And the whole point of the exercise is maximum freedom isn’t it?  How do we defend our selves and our stuff?  Do we all carry weapons all the time? (Ok, we probably do, and we probably carry HEAVY, just for the joy of having cool guns at hand.)

What about our stuff at home when we are out working or getting our various freaks and faiths on? Private Police, and insurance comes the answer.  But how does that work?  I pay a company to defend my stuff, or more likely pay an insurance company who then pays a Private Police company to defend my stuff and all their other customer’s stuff.  If there are disputes about whose stuff it is, we go to an Arbitration company.

The problem here is simple.  Either those Police/Insurers/Arbitration boards can only act against people who have agreed to abide by their decisions and allow them to investigate and act, or they can act against non-customers on behalf of customers.  If the former how can they be effective?  If the latter how are they not a Government?  If Billy Bubba’s Protection Services can use force to take your property back from the thief, or kill the murderer, or beat the hell out of the rapist, you have just taken a roundabout trip right back to a government.

Yes, you probably have competing governments, Billy Bubba is competing with Dark and Deadly Protection Agency, but while they each may only act on behalf of their clients, they ALL get to act against anyone they choose.   If they cannot do this, then what stops the thief, murderer, or rapist?  Do we just allow them to do their thing and hope they screw up and get killed by a victim, and ditch the Private Police?  But we have no mechanism for banning the Private Police. So all it takes is one rich dude who is tired of being beaten up and robbed and boom, you have Private Police. Understand me here. I am not saying these things make Anarcho Capitalism inferior to other systems. Every problem I listed exists in every system imaginable. I am just saying that because these problems are inevitable, so is government.

I eagerly await arguments from An Caps on these points; usually what I hear are arguments on the question of whether we would be better off with completely market based solutions to every problem (Letters of Marque arrh! alarmingly common in this discussion matey), but unless it is possible to avoid a government forming, arguments about whether or not the market can provide for defense, enforce contracts, and allow us to protect our lives and property from ‘crime’ are academic. Come on, convince me!  I want to believe, because I am losing hope that the true King is coming across the water.

Spoiler, you won’t convince me (or if you do I will be very embarrassed when part 2 of this in which I assume a government and discuss what law is, and what makes it good law, (assuming I get it written) hits).

*Hahahahahahah not a prayer.

!No State’s Ship