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The State and The State and

The State and - PowerPoint Presentation

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The State and - PPT Presentation

Legal Order Legal Order Without the State Dr Tom G Palmer Atlas Economic Research Foundation Cato Institute September School of Social Sciences and Political Philosophy CADI Konrad Adenauer ID: 494651

goods state means law state goods law means public voluntary order social system great political legal labor provision common

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Slide1

The State and Legal Order, Legal Order Without the State

Dr

. Tom G. Palmer

Atlas Economic Research Foundation

Cato Institute

September School of Social Sciences and Political Philosophy

CADI

Konrad

Adenauer

Stiftung

Bucharest

12.

September.2011Slide2

Is the State Necessary for Freedom and Order?Some argue that it is a logical necessity, e.g.:

There must be a system of defense of life and liberty and of adjudication or disputes

That system must have a final arbiter

A final arbiter must have a monopoly

Without a monopoly of coercive power, it is not possible to induce people to behave properly

Only a state can overcome the transactions costs involved in creating public goodsSlide3

Is the state is necessary to achieve personal identity?

Passports

Birth CertificatesSlide4

Some Believe the State Is Responsible for….Everything

“Government is 'implicated' in everything people own. . . . If rich people have a great deal of money, it is because the government furnishes a system in which they are entitled to have and keep that money.”

Professor Cass

Sunstein

Cass

SunsteinSlide5

The presumption is that all “Surplus” is Attributable to the StateBut without a surplus, no state could be formed in the first place….Slide6

“What is a State?”

“a state is

that human community which (successfully) lays claim to the monopoly of legitimate physical violence within a certain territory

, this ‘territory’ being another of the defining characteristics of the state.”

Max Weber, “Politics as a Vocation” [1919]

Max Weber (1864-1920)Slide7

How is Wealth Acquired?

“There exist in the world only two great parties; that of those who prefer to live from the produce of their labor or of their property, and that of those who prefer to live on the labor or the property of others…”

--Charles Comte

Le

Censeur

EuropéenSlide8

An Organization of the Political Means

Franz Oppenheimer (1864-1943)

The “economic means” and the “political means”:

“There are two fundamentally opposed means whereby man, requiring sustenance, is impelled to obtain the necessary means for satisfying his desires. These are work and robbery, one's own labor and the forcible appropriation of the labor of others.”

“The state is an organization of the political means.”

--Franz Oppenheimer,

The StateSlide9

What Economic Means Must Precede the Political Means?Slide10

A Memory of the Conflict in an Old Story

“And Abel was a keeper of sheep, but Cain was a tiller of the ground.”

Genesis 4, 1-16Slide11

Empires of Nomads over CultivatorsSlide12

The Role of the Middle East….Slide13

From Roving Bandits to Stationary Bandits

Mancur

Olson 1(932-1998)

“If the leader of a roving bandit gang who finds only slim pickings is strong enough to take hold of a given territory and to keep other bandits out, he can monopolize crime in that area – he can become a stationary bandit.”

--

Mancur

Olson,

Power and ProsperitySlide14

Maximizing Gross Domestic Product (GDP) or Capturing the “State Accessible Product” (SAP)

“The ruler…maximizes the state-accessible product, if necessary, at the expense of the overall wealth of the realm and its subjects.”

“the state-accessible product had to be easy to identify, monitor, and enumerate (in short, assessable), as well as being close enough geographically….”

--James C. Scott,

The Art of

Not

Being Governed

(2009)Slide15

A Case Study: The Norman State, 911

Hrólfr

,

aka

Duke Rollo of NormandySlide16

The Norman Conquest of England: 1066Slide17

Characteristic Features of Modern States

Monopolization of Law

Replacement of Customary Law by Imposed Law

Claim to “Sovereignty”

Creation of an “Underlying Nation”

Systems of Social Control – Weights and Measures, Compulsory Schooling, Passports, etc.

Creation of “Non-Exclusive ‘Public’ Goods” and Monopolization of Their Provision

Systemic “Rent Seeking”Slide18

A look at the problem of sovereignty

“Majesty or sovereignty is the most high, absolute, and perpetual power over the citizens and subjects in a Commonwealth…”

“Custom acquires its force little by little and by the common consent of all, or most, over many years, while law appears suddenly, gets its strength from one person who has the power of commanding all.”

Jean

Bodin

,

Les Six

livres

de la

République

, 1576Slide19

As such, the sovereign is defined to be the

source

of law and therefore

above

the lawSlide20

Spoliation/Rent-Seeking

The Significance of

Concentrated Benefits

and

Diffused CostsSlide21

Is the State Necessary?Earlier I discussed social

welfare,

so let’s consider public

goods generally, including law and order and defenseSlide22

Public GoodsLet’s start with public goods generally, then move to some particular cases, including

law

and order, and defense against aggressionSlide23

Defining Characteristics of Public Goods

Non-

Rivalrous

in Consumption

Non-Excludable (or, more modestly, exclusion is costly)Slide24

Rivalrousness of Consumption is a Function of Group Size

Consumption of a swimming pool is

nonrivalrous

, up to some point, creating a “Club Good”

Bundling

rivalrous

and excludable goods with

nonrivalrous

goods is a common means of utilizing common means of exclusion and pricing for private goodsSlide25

Perhaps voluntary provision can provide social welfare, but what about “free ways”?

Maybe not, but what about “pay ways”?

Most roads are constructed without state financing.

Toll roads are financed by users.

A great deal of “infrastructure” is provided through fully voluntary action.Slide26

De Jasay’s “Ethics Turnpike”

Rectitude

Altruism

Kantian Interest

Tribalism

Supergame

Straddle

Social ContractSlide27

Existence is a Proof of PossibilityEven the American

legal system is more competitive, less monopolistic, and more voluntary than most people think

Bail Bondsmen and Bounty Hunters

“Private Security Firms”

Locks and Self-Defense

Etc., etc., etc.

If voluntary provision of public goods is impossible, why is it so common?Slide28

What are some preconditions to voluntary provision of a liberal legal order?

Distinction between the services of

Providing rules and decisions

Providing enforcement of rules and decisions

Relying on restitution rather than retribution

A social order relying on cross-cutting loyaltiesSlide29

Something to consider…1. If the existence of a legal system is itself a public good, and the public goods argument for the necessity of the state is correct, then the state could not be created voluntarily, through a social contract, but could only be imposed by force

2. Moreover, all citizens would have incentives to shirk and to free ride off of the voluntary contributions of others, meaning that the state could not be administered democratically through voluntary actionSlide30

“All of us, without exception, carry this inherited poison within us, in the most varied and unexpected places and in the most diverse forms, often defying perception. All of us, collectively and individually, are accessories to this great sin of all time, this real original sin, a hereditary fault that can be excised and erased only with great difficulty and slowly, by an insight into pathology, by a will to recover, by the active remorse of all.”

--Alexander

Rüstow

,

Freedom and Domination

Alexander

Rüstow

(1885-1963)