Disclaimer: I'm a law nerd, but have very little practical knowledge about this stuff.
Looking at the Extropian section of Rimward, I think I'm a little confused how their privatized system of justice works. My understanding is that everyone hires a private judiciary which fills the roll of a tort-insurance agency and a private court system.
The problem seems to arise when two different court systems representing two different clients come into conflict with each other. There doesn't seem to be a final arbitrator of rights.
To me, it seems like it would make more sense if they followed a system similar to the Duncanites from Transhuman Space who had private security companies handle most of the details of protecting and representatives and private judges to handle adjucidation of rights.
Speficially, I imagine an Extropian view on litigation would resemble something like a mix of arbitration and insurance policies.
I'd imagine that if say, a tort arose between two parties that were otherwise not in contractual privity with each other (say 'A struck B in anger'), that private security companies would contact each other and arrange for an arbitration panel to be put together. This would involve contracting with a separate 'arbitration company' (similar to something like the American Arbitration Associations or Judicial Mediation and Arbitration Services). Each side would pick one arbitrator, and together the two arbitrators would pick a third.
The third party could agree on the set of laws that would be applied in the case of a tort (or any other issue that doesn't have privity between the parties at issue) or in the cases of pre-existing contractual relations the laws to be applied would have already been chosen.
After this the private judicial companies would take the role as lawyers for the parties and argue a case before the arbitrators. Once the arbitrators issued their decision it would be final (unless the parties agreed that a 2nd panel of arbitrators could be called to ensure a fair arbitration had occured).
Finally, after the judgment was entered the arbitration association would notify all relevant security companies of the judgment and (if the parties allowed) publish the opinion on the mesh.
Anyhow, these are just some basic thoughts. My head is still a little sore, I just finished the bar exam yesterday.
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Extropian
Fri, 2012-07-27 16:52
#1
mwazaumoja
Extropian
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