srdiamond comments on Thoughts on moral intuitions - LessWrong

39 Post author: Kaj_Sotala 30 June 2012 06:01AM

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Comment author: gwern 22 July 2012 07:38:30PM 2 points [-]

The problem with this argument is that in the modern liberal order (and again ignoring some marginal exceptions), the state has a monopoly of violence, including violence that may be necessary to enforce a contract. Therefore, the state not only refuses to apply violence to enforce your claim based on such a contract, but will also intervene violently to stop you if you try to enforce it with private force. It is a criminal offence to breach the peace even in the course of privately enforcing a valid contractual claim, let alone one that is legally declared void.

Germany reportedly enforces illegal contracts.

Comment author: [deleted] 22 July 2012 11:16:31PM *  0 points [-]

Germany reportedly enforces illegal contracts.

Irrelevant. The question isn't whether the state refuses to enforce all illegal contracts but rather if it refuses to enforce some; no state enforces all illegal contracts.

Most jurisdictions in the U.S. enforce some illegal contracts. It depends mostly on the comparative culpability of the parties and the importance of the public policy making the contracts illegal.

Comment author: gwern 22 July 2012 11:27:21PM *  1 point [-]

I was pointing out a false generalization. "the modern liberal order" indeed.

What illegal contracts are enforced in U.S. jurisdictions?

Comment author: [deleted] 22 July 2012 11:47:51PM *  1 point [-]

The 'modern liberal order' does have a monopoly on violence, or at least something very close to one. That's a fairly central point of having a civil court system.

The linked article doesn't seem to relate to that, anyway. The German government isn't permitting people to hire private enforcement for their illegal contracts.