So, I’d like to make a radical suggestion — let’s privatize the courts. The legislative and executive powers would still remain in the hands of the state, naturally, but judicial activities should be kept strictly separate. Free people should be allowed to choose their own judges, juries, and lawyers, free from government interference.
If Joe Six-Pack wants to press charges against me just because I shot him in the knee while simultaneously fucking his wife, of what interest is that to the state of California? This is a dispute between two free men, and we should be able to resolve it according to the dictates of our consciences, and no possible public interest could be served by locking me up in jail like this.
It’s a suggestion so absurd as to be unthinkable.
OK, now imagine yourself transported in time to 15th c. Europe. Explain to the locals why separating off an entire branch of government, allowing everyone to set their own rules according to the dictates of their conscience, and forbidding any state interference or control over the rapid proliferation of distinct and conflicting institutions that will inevitably rise in its wake, could possibly be a good thing.
More to come, but I’ll leave you with this quote from Thomas Hobbe’s Leviathan:
He therefore to whom God hath not supernaturally revealed that they [religious laws and revelations] are His, nor that those that published them were sent by Him, is not obliged to obey them by any authority but his whose commands have already the force of laws; that is to say, by any other authority than that of the Commonwealth, residing in the sovereign, who only has the legislative power.