David Friedman still an anarchist

David Friedman has a great post about the predictable content of laws under market anarchism. What’s to keep law in market anarchy libertarian rather than oppressive?
This is similar to an argument I’ve been grappling with in my dissertation. Theoretically we can imagine a state that creates a restitution-based criminal law, and a market-provided legal system that promotes retributive punishment. They would not be impossible, but they would be unlikely and prone to change. In each case the motivations and rewards of shifting to the alternative criminal justice paradigm is preferred by the actor (the state in one case and individuals in the market in the other case). The following two by two matrix might be helpful:
matrix.png
The off diagonals are stable equilibrium, they are self-reinforcing. The rewards to states of using retributive punishment are higher than if they were to create restitution norms. So the state-retribution norm is self-reinforcing. Vice versa for the market system and restitution.

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