Wednesday, July 28, 2010

Private Law Society: Section 2 - A Positive Account of how a Private Law Society Functions

This is Section 2 of 3 of the broader construct of a Private Law Society (click on this link to view a full overview).  While it largely stands alone as an independent work, it may be helpful to read the preface and introduction to this work if you need some context.

Section 2 at a glance:
  • 2.1: Security
  • 2.2: Justice and the Legal System
  • 2.3: Market Governance
  • 2.x: The Environment
  • 2.x: Education
  • 2.x: Healthcare
  • 2.x: Transportation
  • 2.x: Immigration and Travel
  • 2.x: Money, Banking, Credit and Finance
  • 2.x: Social Welfare
  • 2.x: Intellectual Property
  • 2.x: Communication and Information


Section 2 Overview: 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.

In terms of organization, the first three topics are something of a prerequisite to understanding the rest of the material -- one must first gain the concept of how security and justice are provided, and how basic market governance would occur.  The rest of the topics will rely heavily on some of the concepts and consequences of those initial topics, but otherwise do not amongst themselves follow any kind of sequential order and can be read as stand-alone essays in the broader context of this work.

As one final note, the topics for discussion in this section are intended to be a systematic review of the questions a Private Law Theory needs to be able to practically answer, but I realize that my short list of topics at present can likely be expanded and added to.  Expect to see the list grow as I go along, and if you have any thoughts on additional topics you'd like to see covered (i.e., you're thinking, "but how would this work") please send them to me and I will add them in.

1 comment:

  1. You probably want to include Taxation, or is Education, Healthcare, social welfare etc not funded by tax?

    ReplyDelete