View Full Version : What are the proposed substitutes to the current law system in anarchy?
UltraWright
31st July 2011, 14:38
How is the people going to handle the law system in an anarchist society? That is, how is the society going to handle jurisdiction and punishment?
Comrade Trotsky
31st July 2011, 17:14
How is the people going to handle the law system in an anarchist society? That is, how is the society going to handle jurisdiction and punishment?
Different anarchists will give you different answers. Individualist anarchists will, for the most part, tell you that the only legitimate use of force against another person is in self-defense, therefore each individual would personally handle his or her own personal affairs when it comes to crime and such.
Collectivists and an.coms will, for the most part, tell you that any act of violence or coercion against an individual is an act of violence against everyone, and it's in the communities' best interest to 'take care of' whomever is commiting said act. To carry out this duty, there would probably be a "workers patrol" militia as we saw in the anarchist territories in Spain.
Tim Cornelis
31st July 2011, 17:25
Customary law and participatory justice.
Disputes are settled through the use of voluntary juries similar to how alternate dispute resolution works, as well as through custom (customary law, which is derived from practice and mutual recognition).
Though I am not too informed on anarchist justice.
I have been wanting to read some works by Thom Holterman a Dutch jurist and former acamdic, associate professor of Law at Erasmus University and an anarchist--but I am unable to find any of his works so far (not looked intensively though).
MarxSchmarx
1st August 2011, 05:08
For some reason the an-caps have given this question much more thought than leftist anarchists and I think have developed a more sophisticated discourse about it. Why the anarchist left chooses to ignore it so obstinately is beyond me.
In any case, I think this is one of those few things where the an-caps are right twice a day.
some ancaps advocate something like the decentralized somali xeer system which uses judges agreed upon by both parties in a dispute that apply customary laws agreed upon through consensus.
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