Voluntarism is a framework to develop ground up governance that seeks to rely only on market forces in ways thematically outlined in this introduction.
A similar lecture by David Friedman that also introduces the concept of polylegal society (where law between individuals may vary).
A more leftist cooperative approach that envisions a gift economy by John Spitzer After the revolution introduces well the concept of circles of trust, which can be incorporated into any market based or natural governance solutions as well.
An open question, as far as I know, in constructive anarchy is regulation. As a specific example should we license drivers and regulate against drunk driving. Natural governance insists that IF such regulation is wanted, it must be its own enforcement silo such that any governance affecting its implementation can be challenged, removed, and corrected. A constructive market anarchist solution might be that driver insurance contracts mandate acceptance of driving regulations in order to get reasonable rates, and social anarchists might insist that drivers accepting insurance and regulation place a sticker on their car indicating so, and pressure those that do not with joining the civil norms that indicate mutual trust is deserved.
An answer without regulation is to simply charge drunk drivers who cause accidents with assault or murder. This may be more cost effective, and not cause significantly more deaths than regulation saves if there are high penalties. Unfortunately, this creates an incentive to avoid being charged with assault, to murder someone you accidentally broke their leg (hitting them with your car while drunk), and dispose of the body.
To answer your last paragraph:
ReplyDeleteThat incentive already exists in a monolegal statist society.
Plus, DROs could very well "prosecute" someone on a dead person's behalf, for damages (say, the entire profit that the dead person could have made).