The Ultimate End-Point of Privatisation: But Would the Tories Privatise the Courts?

Much of contemporary Cameronite Conservatism is based less on traditional Tory ideology, but on American Libertarianism. This entered Conservatism in the 1970s, when the Right turned to Von Hayek. Von Hayek influenced Sir Keith Joseph, who strongly influenced his protégé, the future Prime Minister Margaret Thatcher. It was from Libertarianism that the New Right took the ideas of private enterprise prisons and police forces. I can remember the idea of streets patrolled by private policies forces appealing particularly to one of the female members of John Major’s cabinet. I think it may have been Virginia Bottomley, but I can’t really remember. This particular Tory lady wrote a piece in the Daily Mail imagining what it would be like if women ran the country. This was one of the Libertarian policies this politico believed that a female-dominated administration would introduce.

Rothbard, Anarcho-Individualism and the Virtual Elimination of the State

Going much further than this are the views of some Anarcho-Individualists, such as Rothbard, who was, I believe, the leader of the American Libertarian Party. These appear to be influenced by the American political philosopher, Nozick. In his 1980s book, Anarchy, the State and Utopia, Nozick rejected the Social Contract view of the origins of political authority. He argued instead that the state should be reduced as far as possible. He considered that its only role should be the enforcement of contracts. Rothbard believed that such extreme Libertarian would create a freer, non-coercive society similar to that desired by Left-wing Anarchists and Libertarians, with obvious exception that this would be based on capitalist individualism, rather than the collective ownership of property. Rothbard thus advocated the creation of private enterprise courts. He argued that the courts should be sold off and funded by private investment. The obvious objection to this is the question how the courts would enforce their rulings in the absence of state power. Once again, market forces and competition would provide the answer. The courts would compete to provide the most justice decisions, which would be voluntarily adopted by the parties in the dispute. Even when the judgement went against them, they would recognise the value of impartial justice and that such courts could be relied on to protect their lives and property in turn, and so obey their rulings. Of course, this is a wildly unrealistically optimistic view of human nature. Nevertheless, such minarchism has influenced sections of the New Right, although I don’t know any mainstream politicians, who currently argues for such an extreme position. Nevertheless, contemporary Conservatism seems to be strongly informed by less extreme forms of Libertarianism, which need to be tackled.

It is not only Left-wingers, who object to some of the Libertarian policies that are now being adopted. Conservative traditionalists, such as Peter Hitchens, have also voiced their opposition to the privatisation of the police force and the prison service. For Hitchens only the state has the moral authority to persecute and punish crime. It’s an important point that deserves attention as the essential functions of the state are further eroded and pass into private hands. It may be too much to hope for that these traditional Conservatives will also join the Left in stopping the further destruction of the state infrastructure and the lives and livelihoods of the people relying on it.

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One Response to “The Ultimate End-Point of Privatisation: But Would the Tories Privatise the Courts?”

  1. rainbowwarriorlizzie Says:

    Reblogged this on HUMAN RIGHTS & POLITICAL JOURNAL.

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