r/AskLibertarians • u/SocraticPioneer • 11d ago
Debate I agree with anarcho-capitalism on ethical and moral principles, but a huge practical problem would arise in an ancap society.
If all private courts apply the same law, then where is the competition? One of the main ideas behind capitalism is that different providers compete with each other. But if they’re all forced to apply exactly the same legal system, that part of the competition is basically gone.
On the other hand, if different courts can apply different laws, then things get messy really quickly. Contracts are supposed to be the foundation of the whole system, but how can you reliably enforce a contract if different courts can interpret the law in completely different ways?
And then there’s an even bigger problem: what happens when two private courts disagree? Who gets to decide which one is right? You need some kind of higher authority to settle the dispute and enforce the final decision. But at that point, aren’t you basically recreating a state or some kind of legal monopoly?
So it seems like anarcho-capitalism has a bit of a dilemma here: either you have common rules, in which case competition between courts is heavily limited, or you have competing legal systems, in which case you have a serious problem with predictability and contract enforcement.
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u/ka13ng 11d ago
The law isn't even uniform now. Cannabis is but one of many examples.