alt Hacker NewsI do agree. In many places, governments are weak, captured, or corrupt. But those are mixed economies, in which state and corporate power fuse into one corrupt swamp: corporations lobby for regulations to crush rivals, officials sell favors. That's not evidence that economic power equals political power, it's evidence that abandoning the principle of a government limited to retaliatory force produces a cold civil war of pressure groups. The solution isn't more regulation, it's total separation of state and economics.
> your second paragraph is at odds with your third
No. The government acting as plaintiff is still retaliatory force: harm occurred, the state helps identify the perpetrator. That's not "public interest" overriding private rights, it's the government protecting individual rights by standing in for many individuals who share a common injury.
And yes, corporate leaders want political power. That's cronyism. They want to use force because they can't win in a free market. It's a road to dictatorship, but the road is laid by the principle of "public interest," not unlimited profit motives.
There's no such thing as "the public," only individuals. When one treats "the public" as a blank check to override private rights, one is really saying: some people get sacrificed to others. The taxi industry lobbying to ban Uber isn't about safety or competition. "Affordable housing" mandates that force landlords to subsidize strangers aren't compassion. This institutionalized cold civil war won't end until the state stops pickign winners.
A government
> standing in for many individuals who share a common injury.
Sounds like a synonym for "public interest" to me! Is that a semantic difference, or do you think there's something substantive to it?
I'd like to know how you'd handle the case of a new industrial plant (let's even say it's a brand new technology) that will exhaust lead into the atmosphere. Does the government have to wait until there's demonstrable harm, and then lodge a suit in court? Isn't it... cleaner (for want of a better word, and no pun intended) to have a law in place that says "No Lead-spewing (as defined by [reasonable technical standard]) Allowed", and prevent it being built altogether? From another angle, under which paradigm would hypothetical investors prefer to operate?
In fact, and this is true, industry often requests regulations be put in place, because they'd like to be certain that their investments won't be subjected to the uncertainty of (private or public) litigation. Yes, this can be malign (in the cases of corruption, or regulatory capture, or incumbents freezing out smaller competitors), but at its most basic the request can be seen as benign: "we'd like to comply with community standards; please write down what they are, and we'll follow them" - no violence required or implied. It's also, and to my way of thinking more importantly, a way to break out of prisoner's dilemma equilibria, where all players can agree the sector as a whole will be better off without defectors, but appeal to an outside, neutral party to keep themselves honest.
I'm also curious about what seems to be your premise that The Courts are separate from The State. That's not how I think of them at all! I mean, aren't they, kind of by definition? After all, if one ignores a judgement - even civil - isn't the ruling ultimately enforced by, well, Force?