Imposing cultural traditions

A quite significant portion of the questions people ask about Ancap boils down to whether one can do this and that, whether it’s permissible to do this and that, how Ancap views this and that. Can you kill pedophiles and murderers? Is slavery and abortion permissible? How does Ancap view intellectual property and global warming?

As you know from memes, Ancaps have a simple, concise, and even fully correct answer to all these questions: the market will resolve it/. In other words, in response to a question about the imaginative subject “Ancap” a specific imaginative subject, “the market,” is pointed out, which will establish the corresponding norms. Of course, this answer is too brief and therefore doesn’t satisfy those asking. Let me elaborate on the topic a bit.

Mostly, people aren’t bothered by what other people do because another person’s behavior fits into another person’s notions of what is proper. And when it stops fitting, that person starts to worry about it, begins to think about how he should relate to it and what can be done with it.

A libertarian can roughly describe his notions of what is proper as “self-ownership is respected, NAP isn’t violated.” This isn’t enough, and notions of what is proper are supplemented by all sorts of “here it’s customary like this.” For example: here right-hand traffic; we let children pass ahead in line; at a restaurant the person who invites pays, and so on. But besides all these ethically neutral customs, there are also those relating to various borderline situations. For example, at what age does sex stop being an adult’s business and become the business of whoever is doing it? Or what kind of natural compensation is permissible to demand from a debtor or from someone who caused damage? Or in what cases does an author have the right to restrict other people from using his work? These things are not derived from basic libertarian principles, as is, for example, right-hand traffic.

In ethically contentious situations, a person tends to offer as a norm the option that’s more advantageous to him personally. If he’s also influential enough – it can be painful to be hit with, it can bring much good, it evokes universal love or simply annoys – then they might agree with his proposed norm; but further down, this decision can easily become a precedent, and now others will cite this version of the norm as local custom. Then, for someone who wants to revise this norm, it will be necessary to be much stronger, more useful, more charming or more annoying, because he’s going against tradition.

Thus, one can speak about the right of the strong: that person who put in efforts to create a precedent, may thereby establish a legal norm. It will be difficult for him to change this norm whenever he wants – in legal tradition this is called the Estoppel principle – if someone previously demonstrated by his actions that he adheres to such-and-such a norm, then he cannot legally insist that it not be applied to him.

In artistic form, the Estoppel principle is well demonstrated in Maxim Shapiro’s famous story “Respect for Cultural Traditions”.

Of course, whoever possesses undeniable superiority in strength, usefulness, charm or sheer annoyingness, or who leads a united group of like-minded people, will be able to promote such a legal norm as “this specific idiot has the right to act in any situation, as he pleases,” creating thereby a state. However, until he creates legal norms for transferring his power, this state will inevitably end with his death, and death is usually quite early. At least this regularity ancient history shows us. But we are considering *ankap* here – that is, the public order in which the probability of success of such idiots is deliberately reduced to a minimum.

So how will they treat heretics, slavery and the rest at *ankap*? You decide. The more effort you put into making your opinion prevail, the more intolerant you are of other opinions – the greater the probability that heretics will be given exactly as many lashes as you outlined to the first one you met. And of course, the greater the probability that in defending your opinion you will suffer unacceptable losses – and wipe out. Nevertheless, if these topics excite you vividly, I recommend boosting strength, usefulness, charm.

And annoyingness.

Respect for Cultural Traditions“

Would public masturbation constitute a violation of the NAP? Would a child’s parent be able to shoot someone who likes to shake their equipment in front of children?

Anonymous question

How the Russian language lacks that elegant difference between can and may! He might be able to do it, but who would let him get away with it?
Was this a combat situation? The one who shot — did he mistake a penis for a gun? No, he didn’t pull out a penis to fire. There was no threat to the child’s life and safety, nor a threat of economic damage; what does the violation of the NAP have to do with this? What we have here is a violation of cultural traditions from the perspective of the outraged parent, and a violation of the NAP on their part.

Is it possible to disregard others’ cultural traditions with impunity in a libertarian society? In theory — yes. In practice, this will mean constant friction, up to lethal outcomes, with inevitable subsequent settlements. As long as people evaluate the costs of coexisting with representatives of other cultures as lower than the costs of segregation, coexistence will continue. As soon as the costs of coexistence seem higher, segregation will begin. Ordinary praxeology, nothing complicated.

Maybe return to central regulation instead? Alas, this leads to the emergence of privileged cultural groups, where, for example, conventional advocates of “traditional values” have the privilege of claiming damages for insults to public morality, while supporters of other norms are deprived of such a privilege. This creates far more friction in society than if nothing were touched at all.