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Video tags
Subtitles
Russian
00:00:02
courts work brand copy00:00:06
so hello everyone my name is Anton and00:00:14
you are on the Liberty channel Ryan B every time00:00:17
people interact00:00:19
they do it based on some of their00:00:21
ideas the experience of interaction00:00:23
corrects these ideas some00:00:26
of them turn out to be quite convenient and00:00:28
turn into traditions common to many:00:00:30
one walked through the forest where it was convenient for him 200:00:33
walked behind, before they had time to look back,00:00:36
the path had been trodden and now everyone was walking along it;00:00:45
humming each00:00:47
other this is how spontaneous order is born00:00:50
today we will talk about such a spontaneous00:00:52
order as the right00:00:54
make yourself comfortable it will be unusually00:00:57
long the right is a spontaneous order of00:01:01
conflict resolution where does it come from00:01:04
in the course of his life a person constantly00:01:07
appropriates and uses some00:01:09
resources many of these resources00:01:11
are around in abundance like00:01:13
air or living space if00:01:15
someone else also uses the same00:01:17
abundant resources there is no basis for00:01:19
conflict but the resource may be in00:01:22
short supply00:01:23
in a cramped room without ventilation00:01:25
fresh air is in short supply when you00:01:27
need to disperse on a mountain path00:01:30
free space is in short supply there00:01:33
where there is a shortage, a conflict arises,00:01:36
the conflict needs to be resolved somehow and00:01:38
this can be done in different ways, you need some00:01:41
scarce resource and you make a00:01:43
claim on it, but how to convince other00:01:45
applicants to move up,00:01:47
you need to somehow justify the claim, you00:01:50
can say I passed first and took00:01:52
a draw if others accepted this00:01:55
justification of yours, then congratulations to your resource, but the00:01:58
next time when you come second00:02:00
you will be presented with exactly the same justification00:02:02
and now you will have to give up00:02:05
your claim several repetitions and00:02:07
everything has worked out, carried out the first one who00:02:10
took it is not occupied00:02:11
has the right to use it00:02:13
if someone already owns resources you00:02:15
can say let’s exchange you give me this00:02:17
and I give you that when people get used to00:02:20
exchange a new legal00:02:21
tradition appears the owners of scarce resources00:02:24
have the right to voluntarily exchange them00:02:26
among themselves and maybe00:02:29
you caused me such a claim damage and00:02:31
compensation, I’ll take this if00:02:33
claims of this kind are regularly00:02:35
satisfied, a new legal00:02:37
tradition will appear; property can be taken away00:02:40
in compensation for damage; among libertarians00:02:43
it is believed that these three methods of00:02:44
acquiring property are fair and00:02:47
all others are not, why not because00:02:50
it does not violate their minds00:02:52
told in a separate video, you can00:02:55
watch it00:02:58
well when the claims seem justified to you,00:03:01
you satisfy them and you will live on with a light heart,00:03:05
but it may happen that you don’t00:03:08
like the justification, in other words, you find00:03:10
the claims unfair,00:03:12
for example, you were overtaken and were00:03:15
the first to occupy a scarce resource or you00:03:18
bought a product at the price of a quality product and it is00:03:20
rotten or you are told that you are causing00:03:23
damage by your mere existence and00:03:25
therefore have to fork out for it you don’t00:03:29
like him, it’s a pity if you were unable00:03:32
to resolve the conflict amicably you have00:03:35
several options available to you first of00:03:37
all you can come to terms with00:03:40
injustice00:03:41
you shouldn’t waste your energy on the baby,00:03:45
come on, I’ll give you a treat, so a00:03:47
legal tradition appears to wave at any00:03:50
rapist, which in the state is00:03:52
considered ideal behavior for00:03:54
every good subject; secondly, you00:03:57
can go to war, that is, start causing damage in00:04:00
response to an unfair claim00:04:01
until the claim is made00:04:04
removed00:04:07
[applause] the00:04:10
willingness of people with weapons to defend00:04:12
their right not to submit to unfair00:04:14
claims is a valuable virtue00:04:16
somewhere on the frontier,00:04:18
but war is expensive and, moreover,00:04:21
fraught with causing damage not to00:04:23
private individuals,00:04:24
therefore in fairly populous00:04:26
societies where the interests of all its00:04:28
participants are strongly intertwined the00:04:29
third option becomes preferable to00:04:32
go to court and I will file a lawsuit against00:04:35
this for theft of [ __ ]00:04:40
the court is the resolution of the conflict between the00:04:43
parties by some third party00:04:45
Hakobyan’s task is to consider the00:04:47
claims of the parties to decide which of them is00:04:49
more fair and propose a solution00:04:51
after the execution of which the conflict00:04:53
should be considered exhausted, ideally, both00:04:56
parties themselves choose the court that they00:04:58
trust to sort out this particular case and00:05:00
agree in advance to comply with its00:05:03
decision, whatever it may be, this is the so-00:05:06
called arbitration court in practice, and the00:05:09
arbitration court is the easiest way to agree00:05:11
when drawing up a contract at this moment the00:05:14
party is committed to constructive00:05:16
cooperation there is no conflict between them,00:05:18
they peacefully choose a00:05:20
court that is quite authoritative for them and enters a00:05:22
third clause into the contract.00:05:24
Unfortunately, there are many situations when a00:05:27
conflict occurs between parties00:05:29
who have not agreed on any arbitration court00:05:31
in advance,00:05:32
when the conflict is already in the midst of an00:05:35
arbitrator, it can be much more difficult to find00:05:37
each of the parties is not very inclined00:05:39
to listen to the proposals of the opponents, this00:05:41
bastard is not with us, he said that he will [ __ ]00:05:43
a sheep, what to do in this situation, is there really nothing left to do but00:05:46
fight, not necessarily a00:05:49
war affects the interests of third parties, which00:05:51
means they have a fair00:05:53
claim against the warring parties,00:05:55
how is such a claim resolved00:05:58
in the first place? first, society can insist00:06:00
that the war be conducted according to the rules, so00:06:03
for example, the tradition of a judicial00:06:06
duel appears and from00:06:07
another shura there is no duel,00:06:11
as morals soften, judicial00:06:13
duels can mutate sports00:06:15
competitions or intellectual games;00:06:18
secondly, society can demand that the00:06:21
parties resolve their conflict in court and00:06:23
once they can’t decide among00:06:25
themselves which court to go to, then let them00:06:27
go to the court that society will indicate to them,00:06:30
but society is purely speculative;00:06:32
in fact,00:06:35
decisions are made and actions are always carried out by specific00:06:37
people; if a forced court is00:06:40
administered by the most authoritative member of00:06:42
society, this tradition quickly will make his00:06:44
status unequal to the status away from here00:06:47
one step until the appearance of the aristocracy and two00:06:49
steps until the appearance of the state, so in a00:06:58
non-state society,00:07:00
collective judging is more appropriate, often with the selection of a00:07:02
judge by lot, this is how00:07:03
the jury appears so00:07:07
far we have considered00:07:10
conflict resolution in a rather primitive00:07:13
society without a state and described the00:07:15
emergence of various legal institutions in it,00:07:16
and now let’s figure out00:07:19
what the rights should turn into when he00:07:21
saved up on captcha 100, by definition, this is not00:07:24
just anarchy, but also capitalism, this00:07:27
means a free competitive market,00:07:29
developed commodity-money relations and a00:07:32
deep division of labor, thus00:07:35
legal Priyanka Pi institutions should be00:07:37
supported by the work of organizations00:07:39
performing specialized functions and00:07:41
supplying their services on a commercial00:07:43
basis00:07:44
in a free competitive market.00:07:50
Let's try to list the various functions00:07:53
into which, as a result of the division of labor, the general00:07:55
task of ensuring justice can be divided,00:07:57
firstly, the00:08:00
codification of legal traditions, the00:08:03
discovery of legal principles was carried out by00:08:06
private lawyers. Since the times of the Roman00:08:08
Republic and film, the task of creating and00:08:11
conveniently describing legal systems00:08:12
will remain in demand in a competitive00:08:15
market; there may well be00:08:16
several types of legal codes00:08:18
relating to different branches of family00:08:21
law, maritime law, commercial law,00:08:23
and so on; secondly, the court itself is00:08:26
most likely commercial arbitration and the00:08:29
resolution of family conflicts will be00:08:31
carried out by different organizations and00:08:34
each of them will itself determine00:08:36
which legal codes are more convenient for it to00:08:38
use. Thus, there00:08:41
will be many courts on the market specializing00:08:44
in different issues with different00:08:46
price categories,00:08:47
different reputations and different legal00:08:49
approaches, thirdly, representation in00:08:52
court, legal advice in this area, most00:08:55
likely little will change except that a00:08:58
special privileged00:09:00
party in court will disappear, which instead of lawyers00:09:02
uses prosecutors fourth00:09:06
execution of the court decision will be in a00:09:09
stateless society the forceful00:09:10
execution of sentences is perhaps a very00:09:14
rare exotic because violence, even if00:09:17
by a court verdict,00:09:18
is still the same war, a war in a complex00:09:21
sense permeated with many00:09:22
contractual ties, this is an excessively expensive00:09:25
pleasure, so most likely the00:09:28
coercion will be quite mild and00:09:31
will most likely pass through refusal to00:09:33
cooperate.00:09:34
Capitalism is primarily an00:09:35
economic instrument. You00:09:37
can also highlight such tasks as00:09:39
storing information about reputation; this can be00:09:42
done by some, but by rating00:09:44
agencies for sure Insurance companies will also find their own important00:09:47
niche and will00:09:50
trade in reducing the risks of conflict,00:09:52
and finally, it is quite possible that00:09:55
there will be platform aggregators that00:09:57
provide consumers with a convenient00:09:59
service for finding a wide variety of00:10:01
specialists in the field of law,00:10:02
you can review our video about00:10:04
monarchism, we are talking about exactly this00:10:07
approach, but that’s all these are fantasies, it is important to understand that00:10:10
all of them will remain fruitless if00:10:14
the main condition is not met.00:10:18
We have not just devoted so much00:10:20
time to describing how legal00:10:22
institutions arise from tradition;00:10:24
you cannot simply take and build a cup00:10:27
on top in order for00:10:29
libertarian courts to appear; libertarians00:10:32
must sue among themselves without00:10:34
the involvement of the state, first there will be a long00:10:36
practice that will show that without00:10:38
state law it gives a00:10:40
fairer decision, faster and00:10:42
cheaper than state ones, and only00:10:45
after that any normal person00:10:47
who wants justice will turn00:10:50
to private courts,00:10:51
only after that any appeal to a00:10:54
state court will be considered a00:10:56
declaration of war completely trample the00:10:59
reputation of the person who applied and only after00:11:02
that, when the state is ousted00:11:04
from the sphere of law and from many other00:11:06
spheres, we will finally earn ourselves an anka00:11:09
video, by our standards it came out long, well,00:11:13
anyway, it only touches on the very basics00:11:15
if you want to00:11:17
get acquainted in more detail with real00:11:18
state legal systems,00:11:20
we recommend listening to a two-hour lecture by00:11:23
Vladimir Zolotarev link in the description in the00:11:26
next issue we will talk about the00:11:28
area that is directly adjacent00:11:31
to law but still should be considered00:11:33
separately; this is morality, as usual, we will briefly00:11:37
describe the phenomenon and then figure out what00:11:39
it will be like in a stateless00:11:42
society with you were libertarians,00:11:44
my name is Anton, like and press00:11:46
the bell under the video, send donations00:11:49
for toilet paper and buckwheat, see you soon,00:11:51
well, son, now you understand how the00:11:55
courts work, basically great00:12:00
[music]Description:
Рассматриваем право как спонтанный порядок - его зарождение и эволюцию. Рассказываем, во что оно превратится в свободном рыночном безгосударственном обществе. Ну и, конечно, называем Главное Условие, при котором мы сумеем увидеть его воочию. Владимир Золоторев "Как работает право без государства" - https://www.youtube.com/watch?v=9sU-28q4YwA Сценарий - Анкап-тян Особая благодарность - Битарх Анкап Поддержать нас: 1KvY4aD9NDqUn3MWXjExmFGrpBcPMk5PmJ - Bitcoin 4276 4400 1280 8884 – карта Сбербанк 5536 9138 4791 0557 – карта Tinkoff https://yasobe.ru/na/libertarian_band - ЯСоберу 410011488034126 – Яндекс кошелек Информационные партнеры: http://polystate.org - Полигосударство https://t.me/ancapchan - Анкап-тян https://vk.com/bitarchy - Битарх Анкап https://t.me/lpr_nsk - Либертарианство в Новосибирске https://vk.com/lpr_nsk - Новосибирское отделение ЛПР https://t.me/lpr_tg - Либертарианская партия https://www.youtube.com/Libteaclub - Чайный клуб
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