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> Everyone believes they are capable of behaving reasonably themselves. If they think laws and police are necessary, it is only because they don’t believe that
by jkhdigital 6y ago
> Everyone believes they are capable of behaving reasonably themselves. If they think laws and police are necessary, it is only because they don’t believe that other people are.
I believe this is missing an important distinction between two kinds of law: common and statutory. If anarchists had laws, they would be common law, which simply represents accreted experience and wisdom about dealing with human conflicts that inevitably arise in any society.
I absolutely think common law is necessary, because it provides a long-term consistency and stability to human relations. Instead of individuals coming to ad hoc decisions about how to redress wrongs and grievances, they can rely on precedent which ensures some measure of fairness.
- vidarh 6y agoI completely disagree with this. Common law is still enforced. The issue is not the source of the law, but how the organ that enforces it gets the power to do so - whether it is imposed from above, or entered into by consent. We already enter into agreements about which rules apply in situations not covered by law all the time. The more you relegate to consensual agreements, the closer to anarchy you get,whether those agreements include 'refer to common law principles' or 'refer to this book of statutes'.