Re: Occasional Notes: A Little Late to Early Modernity

Jason,

Thanks for the link and the reply.

I recognize that there are minarchists more radical or principled than Dale Franks, who would have refused to collaborate in a drug conviction. I have other problems with their position (after all, I’m not a minarchist), but not the problem that I have with Dale Franks. I didn’t mean to imply that every minarchist would have done what he did.

However, I do think that it’s fair for me to suggest that being a minarchist makes one systematically more likely to indulge in that kind of legalistic error than one might otherwise be. Being an anarchist has built-in intellectual safeguards against it, whereas being a minarchist doesn’t. (That’s not intended as an argument for anarchism over minarchism per se; rather it’s why I think that this case and others like it go to support my prior argument that people who have already been convinced of anarchism for other reasons should be cautious about how closely they work with smaller-government campaigns or institutions.)

As far as drug trial juries go, I would happily lie about my political views in order to get on the jury, and then, if I got on it, do everything in my power to obstruct or prevent a conviction. I think that the prosecutor in a drug case has no more moral entitlement to get the truth from me than the Gestapo would if they stopped by to ask whether I’m hiding any Jews in my attic. And while the pay scale for sitting as a juror would be shitty compared to what I could be making for my time in other pursuits, I’d be happy to give up the profits in order to help an innocent person go free.

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