A Call to Embrace Jural Dualism

Abstract

In this paper I explore the importance of embracing two jural relationships, which I call jural dualism. Jural dualism is a concept originating from my study of Adam Smith’s work. I first establish that Adam Smith is part of a larger tradition utilizing jural dualism. I then discuss how humankind’s evolution has made us predisposed to revert from jural dualism to jural monism. I suggest a deep-seated human unease with the superior-inferior relationship, and a corresponding urge to return to one jural relationship, the equal-equal. I then walk through how two modern ideologies strive to dispense with the superior-inferior jural relationship and to imagine jural monism. Anarchistic libertarianism construes the government as essentially a criminal jural equal, and points us to a world without a jural superior. Democratic socialism or social democracy embraces government but effectively construes it as a voluntary institution, a formation existing within the realm of the equal-equal jural relationship. I close by suggesting that we embrace jural dualism. Doing so puts the coercive nature of the superior-inferior jural relationship out in the open, and enhances our aptitude to assess and argue for less bad forms of it. Reconciling ourselves to jural dualism, we practice more useful political discourse.

Keywords: Liberty, Jural Dualism, Coercion

JEL Classification: A13, B12