[extropy-chat] law and Justice without govt?

[Mike Lorrey]

--- "Lifespan Pharma Inc." <megao at sasktel.net> wrote:

> The biggest hinderance to effective government and justice is
> secrecy.
> With complete transparancy no one could hide their activities and
> long after government and law and justice were
> done their thing the court of public opinion would continue on.
> 
> Case in point#1- OJ Simpson- The law made a ruling the opinion of the
> public given widely public dissemination of the
> same facts before the court allowed each person to judge how to deal 
> with and remember the actions of this individual.
> For so long as this person is alive he will be judged individually by
> each and every person he has to meet, irregardless
> of how any formal court event was settled.

Which is the problem. Did anyone judge Ito badly? No. How about the
jurors? They are all hometown heroes to the people that matter to them.
The public got a media distorted view of Mark Fuhrman, the prosecution,
etc, and everybody who is white is sure OJ is guilty, while everybody
who is black is sure he's innnocent, or deserved to get away with it.

> 
> Contrast this with anyone who does his legal dealings behind doors , 
> with layers of privacy and confidentiality
> held by multiple persons, and institutions. 

However, private justice does not mean secrecy of rulings. In fact, to
contribute to the common law, caselaw must be public, and always has
been, even when there were no governments choosing judges. Government
control of judge selection came about so the aristocracy could gain the
upper hand over the commoners in court. True democrats, liberals, or
libertarians should thusly be opposed to the practice.

In the sort of market-based justice system I've described, public
openness of all rulings would be necessary for the system to work. I
call it the Open Law Market. As a market, its openness is necessary to
its function. Individuals are still free to settle their differences
privately if they wish, their settlements do not become caselaw.

Mike Lorrey
Vice-Chair, 2nd District, Libertarian Party of NH
Founder, Constitution Park Foundation:
http://constitutionpark.blogspot.com
Personal/political blog: http://intlib.blogspot.com


	
		
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