|
Advice to the Young Anarchist by Gil Guillory
Or,
to use Randy Barnett’s positive formulation of Constitutional
Constraints on Power, you embrace:
Look
no further than these professions: Mediation Mediation
is currently quite unregulated.
It is a growth industry, and allows people to bypass the courts, opting
for a creative, mutually-agreeable settlement. Classes in mediation are
available from many organizations. I recently completed one offered by
the Dispute
Resolution Center of Montgomery County. It cost $150 and was 8 days
in length; for that price I also committed to perform 6 supervised
mediations to get my certificate, and another 18 volunteer mediations
over the next 18 months. There
are, in fact, many dispute resolution centers throughout the If
you become trained and build a caselog at a volunteer facility, you can
branch out into mediation for pay. Top-paid mediators in the field
sometimes have formal training in psychology or social work. Oddly
enough, it is a challenge for most lawyers to become mediators, since
they must break with the adversarial paradigm and embrace the role of
the mediator: a neutral party that offers neither advice nor opinion,
but assists the parties in defining issues, developing creative
solutions, and reaching agreement. Arbitration For
the lawyer, arbitration is an especially worthwhile career choice. Also
largely unregulated, arbitration truly strikes at the root of the state
by muscling in on its monopoly of adjudication. Like mediation, anyone
can hang out a shingle and claim to be an arbitrator. However, customers
often look for an affiliation with the AAA,
the NAF, or some other
organization, and proof of competence by way of formal training and
experience. Private Security Relatively
untapped by anarchist entrepreneurs, the field is open to provision of
crime reporting services, insurance-patrol contracts, and all manner of
investigative, and offender agent services. I
have mentioned before that I am currently working on such a business
plan, but The Woodlands, Texas
is not the only possible venue for such services. It
is worth noting that these three spheres of interaction are synergistic.
For instance, if a Tannehillian
insurer-patrol-investigative business sends a monthly newsletter to its
customers to report on crime in customer’s area, it would be a natural
fit for private mediators and arbiters to advertise in the newsletter.
From the anarchist viewpoint, this is Kennedy’s
Hope: that consumers pay to be bombarded with messages that
mediation and arbitration and private security are preferable to the
state’s provision of these services. It
is also worth noting that if anarchists are drawn to these professions,
as I think they would be if they knew of the opportunities, then
anarchists will have a disproportionate influence on the evolution of
these professions and their underlying institutions. We might hope that
more and more arbitrators regard themselves as the last stop, with no
expectation of appeal to the state. These expectations, one would
expect, would find expression in advertisements, counsel, and the
pronouncements of professional societies. By extension, the populace
would adhere to the opinion of experts in the field, and tend to regard
arbitration, more and more, as a process with no appeal to the state. Do
good doing well. I expect to see many of you as investors,
entrepreneurs, and/or workers in the fields of mediation, arbitration,
and private security. Gil Guillory invites you to take pot shots at his definition of the state and offer alternatives if you disagree. He runs a blog at www.guillory.org.
|