TracyW -
1. I haven’t spent a lot of time offering “good solutions for [your] hypothetical As and Bs†because I think that giving detailed legal advice to the characters in an underspecified thought-experiment is probably going to be missing the point without having a lot more knowledge of the interpersonal and social circumstances that you’ve constructed for them. It seems that you have some fairly specific circumstances in mind (rain, sunscreen, etc.) but I haven’t any real way of knowing from what you say how much these people are operating in good or bad faith, how willing they are to sacrifice their putative goals in order to try to “win†the conflict, etc.
If you just want some short answer or another then, briefly, the first case sounds like a case for a medical ethics board (although I can imagine other ways of dealing with it; but whatever means they adopt it seems like all the parties concerned have a pretty strong incentive to make the process as quick as possible); and the second case sounds like a case for entering into binding arbitration, either with a professional or with disinterested arbitrators chosen ad hoc. (Let me just assert that there is every reason to think that there will be medical ethics boards and disinterested arbitrators in any anarchic society that has medicine, and contracts.) Of course you might wonder how A and B could agree on an arbitrator if they can’t agree on the terms of the contract, But historically people have figured out ways to do this when government court’s weren’t available. In any case if people are making contracts in a social environment where there is no single entity that can be presumed to exercise a monopoly on final arbitration of contracts, then there will be both an incentive to write high-stakes contracts in such a way as to specify, ahead of time, the process for arbitration; and also a reason to develop some pretty strong customary conventions for finding arbitrators after the fact if it’s not spelled out in the contract.
2. You write: “A in my medical system will have died before there is resolution, and in the divorce situation A and B’s kids will have grown up and had kids of their own.â€
Of course this kind of move is exactly why I hesitate to spend a lot of time on the detailed suggestions for A and B, and why I referred you to some of the existing literature. The existence of multiple overlapping institutions and processes for resolving disputes does not mean that disputants will want to, or will be able to, avail themselves of every possible venue for their conflict; and it doesn’t mean that the disinterested parties who participate in those processes will be willing to play along with them.
Now if we begin by assuming that in each of your cases A and B will be infinitely unwilling to let an adverse decision stand, no matter what the cost involved in prolonging the case; and also that people on boards, hearings, arbitration associations, private arbitrators, folkmoots, etc. will be infinitely willing to take on a nightmare dispute that has already been heard and reheard; and that third parties (e.g. the doctor in your first case) will also be infinitely unwilling to act on any decision until every logically possible venue has been exhausted, then I don’t doubt that there is no difficulty in proving that anarchy will be an absolute nightmare for cases like these. But if you start with that presumption there is no difficulty in proving that government legal systems will produce similarly nightmarish results. (People have been known to stonewall and to drag out legal proceedings under the existing legal system; sometimes courts let them get away with it, sometimes not.) Maybe you think there is some argument that shows that in anarchy sufficiently nightmarish people with intractable conflicts will be more able to prolong nightmarish legal situations than they are under a state legal system; or that third parties would be more willing to play along with them in prolonging it. But then you’d have to give the argument. (And you’d have to show why an argument that starts from such strong starting presumptions about the hypothetical people involved in the dispute would justify a general conclusion against anarchism, rather than a narrower conclusion to the effect that anarchy might mean that some fairly narrowly specified subset of the population will be at greater risk for getting themselves into intractable legal nightmares. I don’t know about that; but maybe. But if so, is it a defeater for the claim that anarchy would on the whole be desirable for other reasons? Why?)
In any case, this is largely a retread of the argument over “legal finality†that Roderick Long discusses at some length in his article “Market Anarchism as Constitutionalism.†Note especially the section in that paper on Platonic legal finality and realistic legal finality.
3. You write: “As for your comments about the lack of a need for a single, territorial authority, etc, that strikes me as an attempt to change the topic from the anarchist solutions to an attack on the current world, . . .â€
If that’s how it strikes you that’s how it strikes you, but it seems to me that this is something you’ve brought to my comments more than something I put there. My point in mentioning those peculiar features of the State is that from the start of this particular sub-thread you repeatedly asked questions on the presumption that anarchism somehow contemplates a society in which there is no “assigning of property rights , in matters of dispute,†no social “process for deciding†matters of medical ethics, no social “process … for deciding on the ins-and-outs of unclear contracts,†or at least that the idea of anarchism poses some large and obvious conceptual problem to developing any answer to these questions. And my point is that it poses a large and obvious conceptual problem to developing an answer if you assert that, in order for these social functions to be exercised, there must be a single social entity with some or all of the peculiar features (territoriality, sovereignty, etc.) that I mentioned to do the exercising. But of course that assertion is precisely what anarchists deny. And you gave no argument at all for that assertion until your reply just now.
The reason for mentioning Stringham’s anthology and the rest of the literature on this is that in the absence of a concrete argument for why you think social processes for dispute resolution would necessitate a monopoly-state-like social “entity†to handle them, I could either try and guess what the background argument for this presupposition was supposed to be; or I could point you to the people who have already written on several different arguments in the neighborhood that you might have had in mind. Unless you have something in the hole that is very novel compared to the cards you’ve shown so far, what you’ve been asking are very basic questions about anarchist theory that have been extensively dealt with elsewhere, in forums that are probably more conducive to explaining the ins and outs of how it works than is a Disqus comment thread, which I’ve already wildly overburdened just with this response.