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A free-market system would probably result in a combination of the best aspects of both. However, historically speaking, adversarial procedures have been associated with common-law (i.e. "Anglo-American") systems, which have tended to be more individual-rights- and free-market-oriented than civil-law systems, which mostly use the inquisitorial
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[quote user="Zangelbert Bingledack"]argumentation ethics is redundant, circular, and incoherent...but that is why it is such a good tool! it's a way to trick people into becoming libertarians through sophistry, but it's sophistry for a good cause so don't knock it. the only problem is sometimes people will see the errors later
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[quote user="JamesB"]Since argumentation ethics doesn't, and couldn't, say anything substantial about meta-ethics it is meaningless until it's combined with a theory that does at which point it's basically redundant anyway. There is no sense in saying the negation of ethical claim X is a performative contradiction without even
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[quote user="Clayton"]The mugging victim is not negotiating with the mugger over the price at which the confrontation can be resolved. "Your wallet or your life" really means "your wallet or both your wallet and your life." The Prince is in a position vis-a-vis any commoner of overwhelming advantage or disproportionate
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If you're trying to choose a DRO to sign up with, you'll ask yourself: Is the time commitment of jury duty worth having a jury in the event that I'm on trial? In any case, it seems to me that an all-volunteer jury would be a better decision-maker than 12 people who couldn't figure out how to get out of jury duty.
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[quote user="AJ"][quote user="Zavoi, bold added"]Yes, it may be the case ( as seen by a third party, or, as you say, “at the deep level” ) that my beliefs are just what it is useful* for me to act as if[/quote] By the deep level I mean from an individualist-subjective perspective, where I assume nothing about any "reality"
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[quote] The issues seem to generally be raised in the context of the workability of anarchy - not necessarily by the posters themselves but by others they may want to convince. (Also to address uneasiness the posters may have about their own anarchist position.) That is what I think is being asked in those threads, albeit not always explicitly. That
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[quote user="Clayton"]Statutory law and customary law ("market law") are inherently different.[/quote] You can never eliminate statutoriness, since a (de facto) property right is just the right to make decisions about what is done in a certain domain of action: “Don’t go barefoot in my restaurant;” “Don’t
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[quote user="AJ"]The usefulness of such theories now is to explain to the skeptic that there can indeed be workable legal arrangements in an anarchy.[/quote] I don’t think the workability of anarchy is in doubt in those threads; if all we were looking for was a solution, then we could just say “Randomly choose a punishment”
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[quote user="AJ"]Zavoi, have you read http://faculty.msb.edu/hasnasj/GTWebSite/TIL.PDF ?[/quote] Yes, I had read that. I have a thing or two to say about it, but you first.