More or less, because both sides have to agree to the process. Then the market favours those arbiters that manage to maintain a reputation for being unbiased and fair.
This still doesn't select for rationality precisely. But it degenerates into a different system to that of a lawyer system.
Yes, but if a side can hire a rationalist to argue their case before the judge, then that rationalist will degenerate into a lawyer. (And how could you forbid assistance in arguments, precisely? Offline assistance at least will always be present.)
And since the lawyer-like rationalists can be paid as much as the richest party can afford, while the arbiter's fees are probably capped (so that anyone can ask for arbitration), the market will select the best performing lawyers and reward them with the greatest fees, and the best rationalists who seek money (wh...
This thread is for the discussion of Less Wrong topics that have not appeared in recent posts. Feel free to rid yourself of cached thoughts by doing so in Old Church Slavonic. If a discussion gets unwieldy, celebrate by turning it into a top-level post.
If you're new to Less Wrong, check out this welcome post.