I agree that governments are terrible for good reasons as shown here:
hawaii.edu
I agree that a top-down understanding of the law is backward: I cannot see a
better approach than the english one. The reason is that if everything was
negociable, everything would be possible. For example, among many other things,
French are trying to lower the age of consent to 13 yo and I am not happy about
it: why not 11? or 5?
If I lend to any of you a 700$+ Eleiko barbell and I get in return a promise:
"I'll give it back to you next Monday" but instead I get a nice little post-card
that reads "No, I keep it. Thanks." then we have a problem. I cannot let you
get away with it for obvious reasons. So, if we were in Corsica, I would first
warn you, then things would get nasty. We happily got in the circle of
vengeance/violence. I think we all agree that it's a bad idea.
How to avoid this spiral?
A preventive action would be not to steal in the first place. I think we all
agree that it's not realistic to expect people not to steal. At least not in the
U.S. nor in the E.U.. Maybe some day, who knows.
We cannot admit an absence of corrective action. It would mean that anyone can
take anything from anyone else. Ew.
We cannot admit corrective actions based on one's will for reasons stated above.
So: how to decide which corrective actions to apply? How to enforce them?
To choose the corrective actions we need the law and the notion of agreement
that should be explicit to be shared by everyone. It does not matter if it comes
from the top or the bottom for this situation as long as it's agreed upon and
the core principles virtually do not change.
To avoid too much variance in determination of the corrective actions to take,
we need a third party which the only concern is to deduce the actions to take
from the Law.
To avoid too much variance in the application of the law we need a third party
which the only concern is to apply the law.
"too much" or "too little" comes from the fact that we all agree that the law
should apply equally to everyone.
How could be do w/o a third party, what I would like to call a government, that
is somewhat "neutral" w.r.t. everyone else litigations?
Summary: living together means exchanging which means cash and credit/debt
system which means the Law and its enforcement incarnated in a third party
called the government. How could it be otherwise? Can it get smaller than that?