When we depoliticize the coercively monopolized courts, the paper tiger that is the State will truly wither away. Depoliticization is the process of removing sole control of a means of production from the tentacles of the State. I do not refer to the State auctions that benefit the buyers that are artificially supported by State power over the rest of us who do not feed at the swine barrel legislative trough for our breakfast, brunch, lunch, linner, dinner and midnight snacks.

I study appropriate dispute resolution, and I recently completed a paper on arbitrability. Arbitrability is that which is and is not permitted to be subject to arbitration within any given State. In South Africa, you are not allowed to submit intellectual ‘property’ issues to arbitration. In France, you can, if and only if it is an ancillary issue to the main subject of arbitration. In Belgium, you have the liberty to arbitrate intellectual ‘property’ disputes directly. Why do I mention this? The doctrinal views of these States regarding arbitrability is arbitrary. The only standard that can be deemed independent and objective, in regards to what is ‘fair’, is the consent of two or more mutually exchanging adults – whether for currency or non-currency values.

If mutual exchange is rooted in consent, then each State would permit 100% arbitrability. That means every behavior, including murder and theft, that displeases society could be sent to the coercive courts of the State or the consensual courts of negotiators, mediators and arbitrators. If we win on this argument on this issue, we get everything else that we want. Decriminalization of drugs? Decriminalization of tour-giving? Decriminalization of raw milk production? Decriminalization of hair-braiding? Decriminalization of advice-giving? It would all be decriminalized if we decriminalized arbitrability.

Priorities matter. Especially, when it comes to educating our neighbors, and the people already within the liberty community. Walter “Moderate” Block cryogenically froze me when he verbally illustrated that I was vehemently opposed to the sovietized production of shoes, pencils, foods and cars but unabashedly marketed the sovietized production of the roads. If we understand that sovietized production of shoes, pencils, foods and cars is damned to fail because of the incalculability of prices under the total State control of the means of production, then this argument works for the production of roads and courts as well.

If you believe that total State control of the means of production aids us consumers the most, then you will not want 100% arbitrability. If you believe that prices are the only sane way to know how many shoes, pencils, foods and cars to produce, then the same can be said of the courts, and you want 100% arbitrability.

Futurist inventor Buckminister Fuller says

you never change things by fighting the existing reality. To change something, build a new model that makes the existing model obsolete.

Queer black feminist Audrey Lorde says

For the master’s tools will never dismantle the master’s house. They may allow us to temporarily beat him at his own game, but they will never enable us to bring about genuine change.

The Preamble to the Industrial Workers of the World’s constitution says

we are forming the structure of the new society within the shell of the old.

The words of Lorde, Fuller and the IWW bolster the 100% liberation of arbitrability from the shackles of the State. Whether the legislatures act or not, entrepreneurial enterprises such as Bitrated and OpenBazaar will fully liberate arbitrability. Technology is on the side of We the People, not the controllers and rulers. The future of liberty is absolutely luminous. Without trying to convince legislatures that we should have consensual courts, 100% arbitrability is the pot and soil from which our new world of appropriate dispute resolution shall blossom, and like the Venus flytrap that it is, mercilessly swallow the existing corporate-capitalist structure whole.

Post Scriptum:
for your viewing pleasure I have provided you with ordered roads without traffic lights that show human ingenuity without goons with guns and horn loudspeakers