http://grandjuryresistance.org/
^A number of Grand Jury resistors have show up as of late. And a number of them are not "cooperating" because they are left libs.
The anarchist argues that informal order, voluntary law, and polycentric coercive law are sufficient to maintain social cooperation; the advocate of government argues that monocentric coercive law is needed in addition, and indeed typically maintains that the amount of social order that can be maintained through non-governmental sources alone is quite small...
...Most of us have been taught to regard Constitutionalism as the best of the three options. Concentrating the three functions in a single agency avoids the chaos allegedly endemic to Anarchism; while assigning the three functions to distinct sub-agencies within the monopoly agency allows the three branches (legislative, executive, and judicial) to serve as checks on one another's excesses, thus avoiding the potential for abuse and tyranny inherent in Absolutism. This is the "separation of powers" doctrine built into the U. S. Constitution.
In practice, however, Constitutionalism has proved only marginally better than Absolutism, because there has been sufficient convergence of interests among the three branches that, despite occasional squabbles over details, each branch has been complicit with the others in expanding the power of the central government. Separation of powers, like federalism and elective democracy, merely simulates market competition, within a fundamentally monopolistic context.
...Locke's arguments for a monocentric legal system contain a serious confusion: the confusion between the absence of government and the absence of law. Locke's arguments are good arguments for a formal, organized legal system; but Locke mistakenly assumes that such a system requires a governmental monopoly. The majority of legal systems throughout history, however, have been polycentric rather than monocentric. Locke did not have the benefit of our historical knowledge however; nor, despite his brilliance, was he able to imagine on his own a legal system that was not a government. The actual history of stateless legal orders shows that they do not noticeably suffer from any of the three defects Locke lists; on the contrary, those defects are far more prevalent under governmental law.
...History shows that stateless legal orders tend to create powerful incentives for people to submit their disputes to arbitration wherever possible, in order to avoid the appearance of being an aggressor (and thus the target of defensive coercion oneself). Anarchy does not suffer from Locke's judicial defect.
But government does. In any dispute between a citizen and the state, the state must by necessity act as a judge in its own case — since, as a monopoly, it can recognize no judicial authority but its own. Hence governments by their nature must be subject to the judicial defect. Constitutionalism is supposed to remedy this defect by separating the judicial branch from the executive and legislative branches, so as to prevent the judging agency from being a party to the dispute. But what if the citizen's quarrel is with the judicial branch itself? In any case, even if the quarrel is solely with the legislative or executive branch, it would be naive to assume that the judicial branch of a monopoly will be unsullied by the interests of the other branches.
Next, consider the legislative defect: the worry that without government there will be no generally known and agreed-upon body of law. Why not? We should rather expect markets to converge on a relatively uniform set of laws for the same reason that they tend to converge on a single currency: customer demand.
...Indeed, it is not polycentric legal systems, but rather monocentric ones, that suffer from the legislative defect, since a mountain of bureaucratic regulations that no one can read is in effect equivalent to an absence of generally known law. Under a private legal system, changes in law occur as a response to customer needs, and so the body of law is less likely to metastasize to such unwieldy proportions. The solution to the legislative defect is not to monopolize legislation, but rather to privatize it.
...If there is an executive defect, it applies not to private law but to public law, in which individuals typically lack the power to withstand the arbitrary caprice of the state.
...None of the three functions of government — executive, legislative, or judicial — should be assigned to an exclusive monopoly. In the words of F. A. Hayek: "Law is too important a matter to be left in the hands of government."
The Nature of Law
Law vs. Legislation: Documentary Evidence
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