Kevin:
Well, that’s an interesting possibility, but if it’s one-time consent that’s enforced over yourself at a future time, even if within a fixed period, that seems like it comes under Roderick’s first horn (“an attempt to transfer inalienable rights, and so invalidâ€). Of course what you think of the nested inference within that horn depends on what you think about inalienability, and there are forms of “market anarchist strictures†that don’t depend on an inalienability claim.
I don’t want to spend too much more time on the definitional issue here, but (1) I am inclined to doubt that what you describe here counts as a state, all things considered (again because of the radical departures this involves from ordinary views about state sovereignty, territoriality, obligation, etc.); (2) I’m not as sure as you are that everyone looking at it would obviously call it a state (except in the sense that many people seem initially inclined to describe literally any form of institutionalized decision-making or social dispute-resolution a “state,†which is I think a confused intuition that anarchists already have to deal with in another form, and which people tend to give up under examination); but (3) it doesn’t matter much, because what you describe is objectionable for the same reason that states are objectionable.
I don’t think that any of this affects the central question of your post; while I reject the claim that states are permissible but not mandatory, my rejection of it depends on some strong ethical commitments that a lot of anarchists don’t necessarily share (e.g. to inalienable rights and to a conception of rights as side-constraints on worthwhile ends); and I agree that that’s an interesting location in conceptual space that ought to be better mapped out.
(Another thing I’d like to see mapped out here are some of the modalities. For example, almost all anarchists seem to be of the view that there is nothing that could possibly count as a state that exercises legitimate authority over individuals, under any condition. And this is in fact my view — call it “hard anarchism.†And all minarchists seem to be of the view not only that there is something that could count as exercising legitimate authority over individuals, but that there is in fact actually at least one state in the world which does so — call this “practical archism.†But that seems like a tendentious empirical claim, which has no necessary connection with the standards for legitimate authority that most minarchists propose; if meeting some set of standards would qualify a state as legitimate, that’s no guarantee that any actual state is going to meet them and so qualify. So it seems like there ought to be a third possible view left between hard anarchism and practical archism. You might be a “soft anarchist†— you might hold the view that it’s perfectly possible for there to be a state that exercises legitimate authority under the right conditions; but in fact there is actually no such state that does, so therefore, at least for the time being, there are no legitimate states in @, although there may be in other possible worlds, and there might be in the actual past or the future. A “soft anarchist†view presumably requires the claim that states are morally permissible. And it’s compatible with the claim that they are not mandatory. But it may even be compatible with the claim that they are mandatory — if failing to have a state is morally impermissible for some reason, but all the available states do something else which is morally impermissible for other reasons, etc. etc.)
In both cases, I agree that the lack of discussion seems to indicate that there is something puzzling going on. Although I guess not necessarily unpredictable or surprising. My best guess is that these parts of the conceptual map tend to go unexplored because at a fundamental level many or most people still tend to line up in debates about the State in ways that seem to be driven as much by rationalizing loyalty to, or rejection of, actually existing politically dominant authorities, as by an effort to defend a philosophical claim against all logically possible alternatives. Which I think is too bad, and has constrained the debate.