By: radgeek
TracyW – Well, I could rehash about 712pp or so on this, but, as briefly as possible let me just say that the answer to your question is probably going to have something to do with overlapping, competing and polycentric outlets for public hearings, dispute settlements, and binding arbitration provided through consensual civil society. (This may for example include medical ethics boards, ad hoc community meetings, private arbitration associations, and a bunch of other folks.)
There’s a lot of work in the literature, and a lot of lively arguments, about what the details are likely to look like. And I guess we can talk about that if you’re interested but the main thing to keep in mind with the kind of questions you’re asking here is that the need for some social processes to deal with all these kinds of problems does not even remotely prove that there must be one single social process which addresses them all, nor does it mean that there must be one single social entity with a permanent institutional identity, professionalized administrators, a territorial monopoly, and vertically-integrated jurisdiction to do the processing.
Anarchists do not propose a society where there’s no way of settling hard disputes or arbitrating the terms of agreements. What we propose is that a bunch of other people, not just those in positions of political power, be freed to take on the task of doing these things. That is, it’s not the end of dispute-resolution or arbitration, but the liberation of these social functions from the institutional control of a single, territorially-exclusive political entity (the state). The point is to allow them to be taken up by other associations, institutions, customary conventions, contractual arrangements, non-institutionalized social processes, etc. that don’t necessarily claim the territorial monopoly, the expansive authority, the coercive sanctions, or the unaccountable legal sovereignty, claimed by the modern state legal system.
(Maybe you have an argument for why the permanence, the professionalization, the territoriality, the hierarchy of exclusive jurisdictions, or the monopoly control, is necessary to do this sort of thing in the right way — that is, for why anarchic social processes couldn’t manage it without becoming more or less archic in the process. But if so you’d have to give that argument.)
Anticopyright.