Justice Without State
You always know you’re venturing into interesting territory when you arouse defenses like “Because!,” “You’re an idiot,” or “Everyone knows…”
Such are the defenses that pop up when touching the concept of justice separate from the state. It was, in my experience, something of a verboten subject, considered ridiculous and rude at the same time. It was – again in my personal experience – something that everyone just “knew” was impossible and which they also knew was dangerous.
And yet, they had no real reasons upholding their opinions. Certainly they struggled to assemble reasons once I said, “I don’t think so” (humans are really good at that), but it was very clear that the decision was made first and the facts assembled second.
I was thrust into this subject quite a few years ago, as cypherpunk projects ran into the reality that humans are unfinished creatures and sometimes end up in disputes with each other. Once cyberspace appeared, quite a few of us realized that it was a kind of terra nova, the first new continent opening since 1492. (1606 for Australia.) We wanted to do something good with it, something better than the territorial overlords were doing to humanity.
To give you some feel for the moment, here is a passage from J.P. Barlow’s A Declaration of the Independence of Cyberspace, published in 1996:
Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather.
So, with a separation imperative in mind, we were confronted with the fact that some kind of law or justice service was necessary. And so, I began digging into the subject.