Charles sent me this essay a few months ago. I love it.
The Obviousness of Anarchy
by John Hasnas
“You see, but you do not observe.”
Sherlock Holmes to Dr. John Watson in A Scandal in Bohemia
Introduction
In this chapter, I have been asked to present an argument for anarchy. This is an absurdly easy thing to do. In fact, it is a task that can be discharged in two words – look around. However, because most of us, like Dr. Watson, see without observing the significance of what we see, some commentary is required.
Anarchy refers to a society without a central political authority. But it is also used to refer to disorder or chaos. This constitutes a textbook example of Orwellian newspeak in which assigning the same name to two different concepts effectively narrows the range of thought. For if lack of government is identified with the lack of order, no one will ask whether lack of government actually results in a lack of order. And this uninquisitive mental attitude is absolutely essential to the case for the state. For if people were ever to seriously question whether government is really productive of order, popular support for government would almost instantly collapse.
The identification of anarchy with disorder is not a trivial matter. The power of our conceptions to blind us to the facts of the world around us cannot be gainsaid. I myself have had the experience of eating lunch just outside Temple University’s law school in North Philadelphia with a brilliant law professor who was declaiming upon the absolute necessity of the state provision of police services. He did this just as one of Temple’s uniformed private armed guards passed by escorting a female student to the Metro stop in this crime-ridden neighborhood that is vastly underserved by the Philadelphia police force.
A wise man once told me that the best way to prove that something is possible is to show that it exists. This is the strategy I shall adopt in this chapter. I intend to show that a stable, successful society without government can exist by showing that it has, and to a large extent, still does.
To continue reading, download the PDF by clicking here.
Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts
Friday, June 17, 2011
Monday, April 18, 2011
Pachamama gets respect
[from John Vidal @ guardian.co.uk, 10 April 2011]
Bolivia enshrines natural world's rights with equal status for Mother Earth
Law of Mother Earth expected to prompt radical new conservation and social measures in South American nation
Bolivia is set to pass the world's first laws granting all nature equal rights to humans. The Law of Mother Earth, now agreed by politicians and grassroots social groups, redefines the country's rich mineral deposits as "blessings" and is expected to lead to radical new conservation and social measures to reduce pollution and control industry.
The country, which has been pilloried by the US and Britain in the UN climate talks for demanding steep carbon emission cuts, will establish 11 new rights for nature. They include: the right to life and to exist; the right to continue vital cycles and processes free from human alteration; the right to pure water and clean air; the right to balance; the right not to be polluted; and the right to not have cellular structure modified or genetically altered.
Controversially, it will also enshrine the right of nature "to not be affected by mega-infrastructure and development projects that affect the balance of ecosystems and the local inhabitant communities".
"It makes world history. Earth is the mother of all", said Vice-President Alvaro García Linera. "It establishes a new relationship between man and nature, the harmony of which must be preserved as a guarantee of its regeneration."
The law, which is part of a complete restructuring of the Bolivian legal system following a change of constitution in 2009, has been heavily influenced by a resurgent indigenous Andean spiritual world view which places the environment and the earth deity known as the Pachamama at the centre of all life. Humans are considered equal to all other entities.
But the abstract new laws are not expected to stop industry in its tracks. While it is not clear yet what actual protection the new rights will give in court to bugs, insects and ecosystems, the government is expected to establish a ministry of mother earth and to appoint an ombudsman. It is also committed to giving communities new legal powers to monitor and control polluting industries.
Bolivia has long suffered from serious environmental problems from the mining of tin, silver, gold and other raw materials. "Existing laws are not strong enough," said Undarico Pinto, leader of the 3.5m-strong Confederación Sindical Única de Trabajadores Campesinos de Bolivia, the biggest social movement, who helped draft the law. "It will make industry more transparent. It will allow people to regulate industry at national, regional and local levels."
Foreign Minister David Choquehuanca said Bolivia's traditional indigenous respect for the Pachamama was vital to prevent climate change. "Our grandparents taught us that we belong to a big family of plants and animals. We believe that everything in the planet forms part of a big family. We indigenous people can contribute to solving the energy, climate, food and financial crises with our values," he said.
Little opposition is expected to the law being passed because President Evo Morales's ruling party, the Movement Towards Socialism, enjoys a comfortable majority in both houses of parliament.
However, the government must tread a fine line between increased regulation of companies and giving way to the powerful social movements who have pressed for the law. Bolivia earns $500m (£305m) a year from mining companies which provides nearly one third of the country's foreign currency.
In the indigenous philosophy, the Pachamama is a living being.
The draft of the new law states: "She is sacred, fertile and the source of life that feeds and cares for all living beings in her womb. She is in permanent balance, harmony and communication with the cosmos. She is comprised of all ecosystems and living beings, and their self-organisation."
Ecuador, which also has powerful indigenous groups, has changed its constitution to give nature "the right to exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution". However, the abstract rights have not led to new laws or stopped oil companies from destroying some of the most biologically rich areas of the Amazon.
Coping with climate change
Bolivia is struggling to cope with rising temperatures, melting glaciers and more extreme weather events including more frequent floods, droughts, frosts and mudslides.
Research by glaciologist Edson Ramirez of San Andres University in the capital city, La Paz, suggests temperatures have been rising steadily for 60 years and started to accelerate in 1979. They are now on course to rise a further 3.5-4C over the next 100 years. This would turn much of Bolivia into a desert.
Most glaciers below 5,000m are expected to disappear completely within 20 years, leaving Bolivia with a much smaller ice cap. Scientists say this will lead to a crisis in farming and water shortages in cities such as La Paz and El Alto.
Evo Morales, Latin America's first indigenous president, has become an outspoken critic in the UN of industrialised countries which are not prepared to hold temperatures to a 1C rise.
Bolivia enshrines natural world's rights with equal status for Mother Earth
 |
| Mamore River [photo from Wired] |
Law of Mother Earth expected to prompt radical new conservation and social measures in South American nation
Bolivia is set to pass the world's first laws granting all nature equal rights to humans. The Law of Mother Earth, now agreed by politicians and grassroots social groups, redefines the country's rich mineral deposits as "blessings" and is expected to lead to radical new conservation and social measures to reduce pollution and control industry.
The country, which has been pilloried by the US and Britain in the UN climate talks for demanding steep carbon emission cuts, will establish 11 new rights for nature. They include: the right to life and to exist; the right to continue vital cycles and processes free from human alteration; the right to pure water and clean air; the right to balance; the right not to be polluted; and the right to not have cellular structure modified or genetically altered.
Controversially, it will also enshrine the right of nature "to not be affected by mega-infrastructure and development projects that affect the balance of ecosystems and the local inhabitant communities".
"It makes world history. Earth is the mother of all", said Vice-President Alvaro García Linera. "It establishes a new relationship between man and nature, the harmony of which must be preserved as a guarantee of its regeneration."
The law, which is part of a complete restructuring of the Bolivian legal system following a change of constitution in 2009, has been heavily influenced by a resurgent indigenous Andean spiritual world view which places the environment and the earth deity known as the Pachamama at the centre of all life. Humans are considered equal to all other entities.
 |
| Pachamama |
But the abstract new laws are not expected to stop industry in its tracks. While it is not clear yet what actual protection the new rights will give in court to bugs, insects and ecosystems, the government is expected to establish a ministry of mother earth and to appoint an ombudsman. It is also committed to giving communities new legal powers to monitor and control polluting industries.
Bolivia has long suffered from serious environmental problems from the mining of tin, silver, gold and other raw materials. "Existing laws are not strong enough," said Undarico Pinto, leader of the 3.5m-strong Confederación Sindical Única de Trabajadores Campesinos de Bolivia, the biggest social movement, who helped draft the law. "It will make industry more transparent. It will allow people to regulate industry at national, regional and local levels."
Foreign Minister David Choquehuanca said Bolivia's traditional indigenous respect for the Pachamama was vital to prevent climate change. "Our grandparents taught us that we belong to a big family of plants and animals. We believe that everything in the planet forms part of a big family. We indigenous people can contribute to solving the energy, climate, food and financial crises with our values," he said.
Little opposition is expected to the law being passed because President Evo Morales's ruling party, the Movement Towards Socialism, enjoys a comfortable majority in both houses of parliament.
However, the government must tread a fine line between increased regulation of companies and giving way to the powerful social movements who have pressed for the law. Bolivia earns $500m (£305m) a year from mining companies which provides nearly one third of the country's foreign currency.
In the indigenous philosophy, the Pachamama is a living being.
The draft of the new law states: "She is sacred, fertile and the source of life that feeds and cares for all living beings in her womb. She is in permanent balance, harmony and communication with the cosmos. She is comprised of all ecosystems and living beings, and their self-organisation."
Ecuador, which also has powerful indigenous groups, has changed its constitution to give nature "the right to exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution". However, the abstract rights have not led to new laws or stopped oil companies from destroying some of the most biologically rich areas of the Amazon.
Coping with climate change
Bolivia is struggling to cope with rising temperatures, melting glaciers and more extreme weather events including more frequent floods, droughts, frosts and mudslides.
Research by glaciologist Edson Ramirez of San Andres University in the capital city, La Paz, suggests temperatures have been rising steadily for 60 years and started to accelerate in 1979. They are now on course to rise a further 3.5-4C over the next 100 years. This would turn much of Bolivia into a desert.
 |
| glaciologist Edson Ramirez [photo by Dado Galdieri] |
Most glaciers below 5,000m are expected to disappear completely within 20 years, leaving Bolivia with a much smaller ice cap. Scientists say this will lead to a crisis in farming and water shortages in cities such as La Paz and El Alto.
Evo Morales, Latin America's first indigenous president, has become an outspoken critic in the UN of industrialised countries which are not prepared to hold temperatures to a 1C rise.
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