“The state,” wrote sociologist Max Weber, “is a relation of men dominating men.” I agree. Furthermore, no human being should dominate another human being. Therefore, the state should not exist.
But I’m not an anarchist. How can that be? We have to distinguish between “governments” and “states.” Anarchy is the absence of formal government, and I do not advocate the abolition of formal government.
Governments of all sorts are all around us. Companies and nonprofits have boards of directors with the authority to decide policies for their organizations.
“Very well,” the anarchist may say, “but they do not have direct coercive authority over their members, which is what I oppose.” Yet other “private governments” do have coercive authority of some kind: private security and arbitration companies.
“Very well,” the anarchist may say, “but they do not have a territorial monopoly over the legitimation of the use of coercion, which is what I oppose.” Yet any kind of supposedly private security and dispute resolution system will end up having a territorial basis. Imagine that, per David Friedman’s Machinery of Freedom, you and I are represented by different dispute resolution agencies, A and B, respectively. We end up in a dispute, and we call in our agencies. How will they resolve the dispute? By themselves settling on a third arbitrator. Therefore, any competitive private justice system will end up becoming a single, connected network, with a definite process for appeals beyond a single agency. That network is a territorial monopoly over the legitimation of the use of coercion: a formal government.
“But then what if two networks come into conflict?” the anarchist may respond. “Then you are committed to a global network, a global government, which is obviously undesirable.” Actually, a global government of this kind already exists to some extent and seems obviously desirable. Global governance includes organizations adapted to serve specific dispute resolution functions: the World Trade Organization’s Dispute Settlement Mechanism, various international investment tribunals, United Nations peacekeeping (which the evidence suggests works very well when invited by both sides in a dispute), and so on. Global governance does not constitute a world state, because it exists at the pleasure of the contracting parties: any government may secede from the WTO or the UN whenever it wishes. Yet it is a kind of highly decentralized, functionally differentiated “world government.”
“Very well,” says the anarchist, “I may concede that a loose governance network is necessary, but I still think that membership in the `primary’ dispute settlement agency should be non-territorial. You shouldn’t automatically have to deal with a particular court because of where you live.” Yet territorial exclusiveness is the way that dispute settlement has always evolved historically. There must be a reason for that. If nonterritorial coercive governance has never been stable for long periods (e.g., medieval Iceland and contemporary Somalia), then on what basis can anyone confidently predict that nonterritorial governance must be superior to territorial governance? Only a constructivist rationalist, Adam Smith’s “man of system,” who thinks he can design a new society from scratch, could be confident that some idealized legal system could efficiently replace the only one any of us have ever known. And if we are men of system, then we might as well design a centrally planned economy while we are about it. You can’t confidently claim that anarcho-capitalism will work, while sneering at the idea that socialism ever could.
So if government refers to some kind of integrated, territorially exclusive system by which security can be provided and disputes settled, I advocate government — of a particular kind. But what then is a state, and how does it differ from a government?
If government can be a (more…)
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