Wednesday, July 28, 2010

Private Law Society: Introduction -- I.1: General Overview of the work

This is the first part of the Introduction to the Private Law Society.

Outline of the work: The main body of this work consists of three sections, which I will describe here.

Section 1: In the first section, I will broadly introduce the concept of a Private Law Society and describe the general way in which it is expected to function.  I will also lay out the basic principles on which it is founded.  The purpose of this section is to provide a basic understanding of the concept from both a descriptive and theoretical perspective such that as the reader moves on through the work they have a proper orientation.  I will not in this first section argue on behalf of a Private Law Society per se, but rather offer this as a purely factual account of what a PLS is. The reader need no "buy into any arguments" in this section in order to read the rest of the work, but merely understand the concepts in preparation for dealing with the main arguments.


Section 2: The second section of this work is what I consider to be its main thrust -- in it I will tackle the really hard questions of how, on a practical basis, a Private Law Society could function.  Essentially, the array of topics will cover those practical matters which typically are put forth as a justification for why government is necessary.  Some of the more fundamental topics include things like the provision of security, justice and adjudication, market governance and the like.  I also tackle more contemporary issues like the Environment, Healthcare, Education, Transportation, Money and Finance, Social Welfare, Intellectual Property, Communication and Information, etc.  I will not argue the reasons why government or statist solutions to these issues doesn't work, but rather I intend to lay out a purely positive account of how these things would work in a Private Law Society.  On the one hand, vast attention has already been paid to these matters as it relates to government's failure to address these issues, but on the other hand, and more importantly, a purely positive account of how these things would work in a Private Law Society has never, to my knowledge, been systematically attempted.  This is the contribution I hope to make to the body of work in this matter -- a case by case positive account of how a PLS could function, that allows the reader to "see" the theory in action in a complete and systematic way.

Section 3: Presuming that I succeed in convincing the reader that the practical case for a Private Law Society is in fact fully viable, there remains one crucial task in completing the case.  The reader will say, "this is great -- the concept of a Private Law Society is theoretically sound, it is practically sound, but there's just one problem: it will never happen."  Sadly, the reader is most likely correct.  That said, what I will attempt in the final section is to address that concern as well by providing discussion on how in fact the entire social order of the world could come to turn on its head and usher in a new era of a Private Law Society.
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