What should
be government's role? Is a question everyone should be familiar with. It is the
question I use when I am curious about another person's political views. Asking
a person what party they belong does not help me understand: Republican,
Democrat, Independent, or Libertarian mean different things to different people
and many times starts them thinking in a combative way. But, if a person can
answer the simple question of what the government's role should be, then I know
where they stand. My view on what government's role should be is boiled down to
enforcing property rights. So I am
always asking myself this question, "what's governments role in this
area?" Most of the time the my answer to the question, "should
government be involved?" is "no" right off the bat. I've asked
this question on a few new areas recently, area's I've given little or no
thought to before.
One of these areas, is the idea
of private courts instead of public courts. Before I've always dismissed this
idea as crazy before given it any thought. I thought without the courts set up
by the government, there would be chaos everywhere since there would be no universal
court system to enforce laws. However, now I believe private courts could do
the job well. How this would work, an individual would have the choice to be a
customer of a court system. Whenever a crime is committed against an
individual, one would go to their court to have a trial. If the defendant
belongs to the same private court as the plaintiff, since they have the same
court, then that court decision is binding. If the defendant belongs to a
different private court than the plaintiff, then both courts can have separate
trials. If each court has a different verdict, then the two courts can either
negotiate between themselves or if that doesn't work, go to an arbitrator. I'm
afraid this arbitrator would have to be the government though. This is because
a private court 'A' could always rule in favor of their customers when a trial
was between one of their customers and another person who not a customer of
this particular court. So if another court 'B' would come to different outcome
than court 'A', court 'A' could just stall and never agree on another private
entity to be the arbitrator since court 'A' knows its verdict is wrong. There
would have to be some force to get an outcome between 'A's and 'B's different
verdicts. If there is a private way to resolve this problem of a rogue court, I
would love to know what it is.
After I came to the realization
that a private court system would be feasible, I pondered if national defense
could be privatized. I've thought of different ways this would look. The first
way was just everyone using what weapons they owned to fight back an invasion.
Some people might have just have a hunting rifle, others might have tank or
something, but this disorganized group could never protect itself from another
country's organized military. Then I went on to imagine a several private
military groups an individual could pay into, and the private military would
protect that person from an invading country. However, to repel an invasion all
groups would have to work together, so why not have only one group? This would
be just the same as national military. I can't think of a scenario where a
private option would be better than a nation military, unless the nation
military abused its power. It would be critical to have the national military
set up in way where it did not abuse its power.
I would encourage
everyone to ask themselves "what the role of government should be?"
Where is government needed and where should government stay out of because a
private option is better?
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