Dispute Resolution System in a Libertarian Society

[Truth_and_Liberty]

Clayton, your reply skipped over an important part of what I said.

@Clayton

In a customary law system (which I assert any natural order law system must be), individual arbitrated decisions have no normative force, on their own. The “weight” which previously decided cases carry, under customary law, is that those decisions worked, that is, prevented further fighting.

@trulib

The reason these decisions worked was, must have been, because they were in tune with the sense of ethics held by members of society. A court which assigned property rights in a manifestly unjust way (like not recognizing rape as a crime) would not work, would not minimize future conflicts, precisely because individuals would not want such unjust laws. So we are talking about the same thing. By definition, those laws that work best are those laws that prevent future conflicts and those are the laws people demand.

Do you agree with the bolded sentence?