Confusion about Free Speech - polycentric

Aimee Farr aimee.farr at pobox.com
Tue Feb 27 22:32:46 PST 2001


Jim said:

> Also known as 'polycracy' or 'polyocracy'.
>
> It's also worth knowing the only extant sample was the Third Reich. Makes
> it a hard sell for obvious reasons.

Polycentric law is older than the law itself. The Muslims and the Christians
used to trade using the Maghribi traders. They ran a _private legal system_.
Later, we saw the rise of the Law Merchant standards. If you broke the
rules, you were out. It runs on reputation capital. Polycentric law is the
order of the society. Most of the cypherpunk memes here are going to require
the equivalent of the Maghribi traders.

Code and other laws of cyberspace (Lessig, et. al.) are pointing out that
the Net has developed a society where one person can be subject to many
legal systems. A legal system is not just a state-sanctioned court. Now,
these two legal systems are competing. The static legal system is trying
avidly to address and stamp out it's new competitor. But there will always
be a place for the Maghribi (although the traditional role of a lawyer is
now very much in question) where the law does not go, or where it is
inefficient.

Coming from a traditionalist legal culture, I'm probably the worst person to
talk about it. My understanding is that this is an old cypherpunk topic.

-Aimee





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