unigolyn
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Karma: 6
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Re:Penn.Jillette.Radio.Show.2007.02.13 - 2007/02/27 01:29
Restitution in civil court is one thing, but what exactly do you do with say, a murderer or a rapist? Who arrests the guy? Who proves his guilt? Okay, so the victim's family or some private charitable organization (Americans Against Rape) hires a private detective to gather the evidence instead of the feds. What's to stop the rapist from hiring his own people to cover his tracks? Right now it's obstruction of justice, but if there's no universally upheld law, the question becomes "whose justice?". What if the rapist has better financial means than the victim?
I suppose one could create an opt-out justice system - if you want police protection and courts, you pay, just like health insurance. In principle, the victim files an grievance, which is investigated by her company, and if their arbitration committee finds the perpetrator guilty, he's contractually obligated to become the company's indentured servant for, say, 20 years. Let's even assume that no company will ever worry about the bottom line more than justice. But what if the perp isn't covered? Where does a private organization get the right to take away his freedom? What if the victim isn't covered, because she's 12 and her parents are poor? Justice for sale is unbecoming of a civilized society.
I don't think anarcho-capitalism is any more tenable than communism - it assumes too many variables will magically vanish, like human nature. Minarchy is a much better principle in my opinion, for many reasons - starting with the fact that it isn't an absolute, but a guideline - as much government as is absolutely necessary and no more.
Parks and streets and sewage treatment can all be privatized. Education likewise. But courts and armies are necessary, and a state is the least unjust way to provide them. Someone's freedom must be trodden on to ensure a working society, and I'd rather it be everyone a little than most not at all and then one or two unlucky bastards bear the brunt of the cost.
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