Andy: "However, because it is reasonable for a society to establish such an authority, the existence of such an authority in society is not necessarily a violation of natural law or natural rights.
Furthermore, because this authority labors to provide a service to the society, then he has a right to an award from society for services rendered."
You say that it is reasonable for "society" to establish such an all-encompassing authority [someone who makes judgments upheld by coercion.] Yet "society" is not a singular volitional being capable of making decisions: it is not a leviathan, if you will. To illustrate the difference, let me state that I do not think it is possible for a "society" to choose to go to war. When people say that "a society" goes to war, they really mean that "many individuals in a spatial region are going to war." Because a society is a collection of individuals with a common end. If I am a conscientious objector, and do not adhere to the end of that war, I'm not really a part of that society at all, am I? It is only the majority of individuals who are going to war: not society. The two terms are not synonymous.
Most true societies want justice. I'm all in favor of that end. I'm with them on that end. I am not
, however,
part of the particular society (the numeric majority) that wants to support a particular system of meting out justice that I believe uses unjust
means to accomplish that end. I am still a member of a justice-seeking society, even though I refuse to espouse the means espoused by other members of the whole society. I am not a member of the "coercively-funded majority-dictated justice system," society. I believe that because every member of the justice-seeking society did not in fact agree on this system, that its means are contradictory to its end. The good end of upholding justice does not legitimize coercive taxation as a means, and not just because there are other means of upholding justice.
The argument you use is a non-sequitur: "Because this majority-chosen justice system is the only means of securing the end of justice, the means of forcing even the minority to pay for its upkeep is the only means that will work, and therefore, it is obviously a just means." It's like saying, "I have a wife and children I need to support, and it is my duty to support them. You must give me your money or else." No: there are proper means of achieving this end. And you wouldn't even necessarily have to work to achieve the end of supporting your family: it's not the only means. You could have a huge bank account already. Or you could solicit donations from people who were willing to pay you to support your family. That would be morally legitimate as well. If you have to take money from others against their wills, (especially those who have a reasonable claim that justice is not being done in such a system, and the end would be better served in another system,) then it is really time to re-examine the morality and effectiveness of both the means and the end such a system.
Anyway, back to a society and how one can remove himself from it.
If I am a robber or rapist, I have, by the very nature of my actions, recused myself from pursuing the common end of those who live together for mutual material security. I am inimical to that society, and no longer a part of it. In addition, whether I am
caught or anyone
knows about my crime is immaterial. (There would be no justice for such acts in a private
or majoritarian justice system, anyway.) I could have a card saying I was in the organization of the KKK, but yet not hate blacks and Catholics. Would I really be a member of that society, even if the other Klansmen didn't know I wasn't racist?
Just as someone who commits a mortal sin has removed himself with the heavenly society until he has done penance, a criminal is not a member of a non-criminal society until he has repented and made restitution.
A true society of men pursuing a common goal would rapidly develop into a working system of justice. Without a centralized coercive authority chosen by a numerical majority, why would there be any more injustice than there is now, if the majority of men are rational and good the majority of the time? Would there still be injustice? Yes, from time to time. Would there be constant private reclamations for injustices? Not so many or of such a degree that they would be disruptive or unduly escalatory. Consider driving on a freeway: most people freely
choose to conduct themselves safely and considerately not because they're going to get caught by a cop, but because their actions have immediate repercussions, if not from physics, then from other drivers. There is nothing that says these repercussions would be of a "legal" or even a morally just nature! Nonetheless, these repercussions do exist, and do maintain order on the roads more so than any legal ramifications for misbehavior. Rational self-interest suggests that you not endanger others on the road.
I fail to see why a centralized (majority-chosen) coercive entity would be required for a justice system. Private, voluntary arbitration happens all the time right now. In the absence of a coercive central government, other coercive entities would form, and would be directly accountable to their clients, and truly, "society" as a whole, so long as they want to maintain a reputation with which they can remain in business. Right now, we have a centralized coercive entity that really isn't accountable to anyone. The government is
not synonymous with any society except the society of government: and it is only a very loose representation of the will of the majority of individuals in a region, with whom the
minority still interacts in
society. Government doesn't even necessarily reflect the will of the majority, as you know, considering 70% of people are in favor of banning abortion except in cases of rape and incest.
Government stays within its boundaries (but even then, not really) right now
only because it
feels like it. Nothing but the threat of armed revolt keeps it from instantly raising taxes to 90% or killing off dissidents. No lion stays in a parchment-and-ink cage because it can't tear out of it. It can, whenever it chooses to, or something startles it. But of course, the lion likes to eat and grow, and people like to feed the lion, because it makes them feel safe to have it around, for some reason. It's STILL A LION. You should count on individual human beings to be just and to work out justice between themselves, not threaten to sic the communal lion on them.
Every man, in other words, should have the lion's share of power. If a man becomes aggressive and begins to hurt others, other men will take him to task for it. This is a method that is in accordance with the principle of subsidiarity. Men would not long tolerate disorder in a true society. But order does NOT have to be imposed from a majority-chosen coercive entity. Order naturally arises through the interactions of men themselves: government is merely an unwise means of trying to
maintain an already pre-existent order. Order can be better maintained by individuals voluntarily choosing a local mediator, complete with the terms of mediation and payment.
Remember St. Paul's monita to the Christians? To paraphrase, "Do not be so willing to go before pagans to be judged! Aren't you better than that? Can't you work it out between yourselves?" Yes, we can. And so can the pagans, because it's part of our human nature and in our natural self-interest to resolve cases without the mediation of a even a voluntarily-chosen third party, if possible. If it is not possible to come to an agreement between two people, let them go to a third party. It's what happens on "People's Court" all the time. If they shirk the ruling after they had agreed to follow the ruling, it would have happened under a central majority system, or ANY OTHER system.
Nothing makes the majority-chosen "justice" system more just than any other system. In fact, it is less so, due to the patent lack of accountability. Like those 20 robberies those two rapist-murderers in CT had under their belts. After 20 robberies each, they were out on parole. They raped and murdered a doctor's wife both of his young daughters. Oh, no.
Heck, no. Not in a
private justice system would that have happened! Because even if they had not been forced to pay restitution by a coercive private party, and thereby actually turned away from a life of crime the
first time they were arrested, they would have been removed from society long before they were able to commit these heinous crimes. Permanently.
I've come up with a new slogan. "Think outside the State."