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Voucherised legal system?

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Evilsceptic Posted: Sun, Jan 23 2011 5:18 AM

Do any minarchists think that providing vouchers for legal services could be a viable legal system? just curious.

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scineram replied on Sun, Jan 23 2011 5:21 AM

Like you could use vouchers to hire attorneys?

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No, you have a polycentric legal system as you would under Anarcho-Capitalism except it would be funded with state vouchers. restricting the states control to defence.

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AJ replied on Sun, Jan 23 2011 6:13 AM

Reflections on the Mininal State, an article by John Hasnas, might be of some interest in relation to this. Here is the abstract:

This article challenges the traditional argument for the state that holds that
because the market is unable to supply the rule-making, adjudicative, and
enforcement services that are essential to life in society, the state must, and
hence is morally justified. The author argues that the market’s inability to
supply these basic services proves only that the state must ensure that they are
supplied, not that it must supply them itself. This implies that the traditional
concept of the minimal state as one that supplies only these basic services is
flawed. The ‘remedial state’ (one that regulates the private provision of these
services) is actually the minimal state.

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