Yes, and that’s sidestepping my point, which is that black market production in certain industries is unprofitable precisely because the state is sufficiently capable of enforcing its laws.
Let’s suppose in the US an oil refinery is required by law to comply with a certain environmental regulation, which adds cost to production. Thus an oil refinery which does not comply with this regulation would be more profitable than an oil refinery which does, all else being equal.
Is it possible for an oil refiner to consistently avoid compliance with this regulation? Sure. I can stealthily refine oil in my basement without complying with the regulation. Thus I, the black market producer, save on production costs relative my white market competitors. But I still cannot offer distillates at a competitive price, because the added cost which the regulation imposes on my competitors is more than offset by the reduction in cost they enjoy due to their economies of scale, so that on balance I still have higher production costs.
Thus either no one attempts to engage in black market oil refining in the US in the first place or, if they do, they find that they can’t compete and are driven out of business.
If someone could avoid compliance with the regulation while refining oil on a commercial scale, then and only then could this black market producer be competitive. But it is physically impossible to hide a commercial scale oil refinery, and the state in the US is sufficiently strong to impose its regulations on economic activity which it can plainly see: in contrast to economic activity which is capable of being hidden.
Thus there will be no black market oil refining in the US until/unless the state here becomes too weak to enforce its laws on economic activity which it can plainly see. The same is true of all other types of economic activity which by nature cannot be hidden. What this means is that black market production in these fields can only ever be an effect of a decline in the state’s power, not a cause of a decline in state power.
Drugs are totally prohibited, hence the black market producers have no white market competition and can be profitable. Likewise, if oil refining were totally prohibited, I might be able to profitably refine oil in my basement, because I would have no competition from more efficient white market refineries.
Firstly, why is it that only existing “counter economic investors” could invest in black market oil refining? If there is an opportunity to sell a product at a price above the cost of production, someone sooner or later is going to start producing it. If this opportunity lies in the black market, and no one already involved in the black market wants to exploit it, then someone will be drawn into the black market for the first time to exploit it. This is always happening, as no one is born into the black market. People previously uninvolved in it choose to enter it because of profit opportunities that they identify.
Secondly, if everyone piles into the most profitable black market industry, production in that industry is going to increase, and profit margins are going to fall, making other industries look more attractive for investment.
Indeed, we’re not, so why would be assume there are any? Are we to assume that they exist precisely because we see no evidence of their existence? Moreover, I expect that if you actually ran the numbers, and looked at the economies of scale involved in oil refining, it would be pretty obvious why a basement oil refiner cannot compete with commercial refinery. I think it’s plain prima facie.
I’m not using any precise definition of the state for the purpose of this discussion. My only point was that if you consider the imposition of taxes and regulations to be characteristic of the state, then obviously a “state” which passes such laws, but is entirely impotent to enforce them, is a state in name only.
You can only have unfettered trade in the areas of economic activity where state power is not effective in preventing unfettered trade, and, as I have pointed out, there are many areas where state power is effective in preventing unfettered trade. How do we get to a point where we can have unfettered trade in those areas as well?
To reiterate, these are the areas of economic activity where, to be competitive with white market producers, you have to have an operation of a sort which cannot be hidden from the state, by its very nature: oil refining, oil production, mining, agriculture, all manner of heavy manufacturing, electricity generation, shipping, rail transport, etc. How do we get free markets in those areas in the US, for example, or in other strong states?
There are two ways to have free markets in a given field. It can be in a black market, or in a white market - i.e. there can be free markets operating against the laws of the state, or free markets which the state makes no effort to fetter in the first place. If, as I have argued, black market production in certain fields is impossible in territoies controlled by strong states, then in such states the only way to have free markets in these fields is on a white market, i.e. for the state to choose to repeal its taxes and regulations and allow a free market. The state as it presently exists in the US, or in any other strong state in the world, is not going to do this of its own accord. It has to be made to do this, either through violent revolution, or through the political process. I opt for the latter.