| | Bill,
My life got busy recently and haven't had the time to reply to all these posts taking a swing at my assertions and logic.
But since you asked so nicely:
Child: "Suppose that I were distraught with the service of a government in an Objectivist society. Suppose that I judged, being as rational as I possibly could, that I could secure the protection of my contracts and the retrieval of stolen goods at a cheaper price and with more efficiency. Suppose I either decide to set up an institution to attain these ends, or patronize one which a friend or a business colleague has established. Now, if he succeeds in setting up the agency, which provides all the services of the Objectivist government, and restricts his more efficient activities to the use of retaliation against aggressors, there are only two alternatives as far as the "government" is concerned: (a) It can use force or the threat of it against the new institution, in order to keep its monopoly status in the given territory, thus initiating the use of threat of physical force against one who has not himself initiated force. Obviously, then, if it should choose this alternative, it would have initiated force."
Bill: "Not true. A defense agency must ensure that retaliatory force does not involve a violation of people's rights -- that such retaliation does not cross the line into police misconduct or brutality -- that it does not involve the initiation of force."
It seems you are not being specific enough here. Rephrase it like this, and I would totally agree: "A private defense agency that has embraced Objectivist principles must ensure that its own employees do not violate rights or initiate force, and that it retaliates in this measured manner against anyone who violates the rights of, or initiates force against, its own customers or employees."
Bill: "It must therefore monitor and regulate any alleged use of retaliatory force and in so doing, cannot permit the use of retaliatory force by any individual who is not aware of and trained in the agency's enforcement protocol."
Again, much too broad. Here is how I would describe the mission of an Objectivist private defense agency: "It must therefore monitor and regulate any alleged use of retaliatory force by its employees, or against its customers, and in so doing, cannot permit the use of retaliatory force by: 1) any individual employed by the agency who is not aware of and trained in the agency's enforcement protocol or 2) any other individual not employed by the agency who uses retaliatory force against its customers or employees in such a way as to violate the rights of those customers and employees."
Bill: "It cannot permit non-agency personnel from retaliating against a suspect by, for example, forming a lynch mob and hanging him from the nearest tree."
Here is where I must disagree with you. An Objectivist private defense agency does not have the ability, the resources, the money, or the necessary consent to act as the policeman for the world for any abusive behavior anywhere in the world by non-employees against non-customers, whether that abuse occurs by a government, a gang of thugs, another private defense agency, or some random sociopath. If someone does not want such nastiness occurring to them, they are free to purchase the protective services from the Objectivist private defense agency. For the agency to feel compelled to defend such non-customers would be a sacrifice, thus violating one of the most basic Objectivist principles.
Child: "Or: (b) It can refrain from initiating force, and allow the new institution to carry on its activities without interference. If it did this, then the Objectivist "government" would become a truly marketplace institution, and not a "government" at all. There would be competing agencies of protection, defense and retaliation in short, free market anarchism."
Bill: "What this says in so many words is that the government would have to refrain from using force against a lynch mob, on the grounds that the lynch mob might very well be dispensing justice by hanging a man who is guilty of murder."
What this says is that anyone who desires protection against lynch mobs, but chooses not to purchase protection from that Objectivist private defense agency, would need to depend on their alternative provider of defensive services to protect them against lynch mobs. If that alternative provider, whether it be a government or some other protective agency, is incapable or unwilling to stop lynch mobs against people ostensibly protected by them, or Zeus forbid, IS the lynch mob, then that would be an object lesson to those subscribers or subjects of the value of joining the Objectivist private defense provider (aka "OPDP").
Now, while such an OPDP would be under no contractual obligation to break up a lynch mob intent on harming a non-subscriber, the OPDP might find it in their best interests, PR-wise or market-share-wise, to come to the attempted lynch-ees aid by asking them "do you want our help? do you want to become our subscriber and abide by our code of conduct?" and, if they got a "yes", which they almost certainly would, then they would have the contractual right to put a halt to the lynching and see to it that a more formal and just resolution of the situation occurred.
Bill: "What this implies is that the government would have to allow the use of force by anyone and everyone, lest it prejudge which use of force is aggressive and which is defensive."
When did you start talking about governments instead of OPDPs? Governments can do whatever the hell they can get away with. They can use force any way they want, because their authority is based on their asserted monopoly of the use of violence, and their willingness to harm anyone who resists that monopoly. So, no, that's not at all how goverments work, and if fact if they act like that, then by definition they are no longer a government.
Bill: "But, of course, no defense agency could operate this way, if its goal is to protect people from the initiation of force."
An OPDP goal is to protect SUBSCRIBERS against the initiation of force, not random people who have chosen to not purchase their services.
Bill: "It must necessarily stop a lynch mob in order to determine by an impartial examination of the evidence whether or not the suspect is guilty and if so, whether or not he deserves the death penalty."
Again, it is only contractually required to stop lynch mobs attempting to lynch its subscribers.
Bill: "In other words, the defense agency must regulate the use of retaliatory force. However, in doing so, it will necessarily be asserting a monopoly on the use of physical force and the administration of justice and thereby declaring itself a government."
No, it won't be asserting such a monopoly, because it will only be obligated to prevent injustices being perpetrated against its subscribers. It would be a violation of its Objectivist principles to assert a duty to sacrifice its resources on the behalf of those who have chosen to not subscribe to it, and thus chosen to not pay its dues, and also thus chosen to not adhere to the NIOF code of conduct demanded of its subscribers.
If it starts asserting such a monopoly of force, then, yes, it will then be de facto asserting that it is now a government and no longer an OPDP.
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