Doesn't a lawsuit presuppose a court of justice which presupposes a state?
Maybe we are defining state differently. "Enforced by society in general" sounds a bit like a public entity of some kind
No it doesn’t. Common Law courts are not state driven. Courts of justice came before the state. Enforced by society in general means enforced by the individuals in that society. No public entity needs exist.
reply
Do you have some reading material about this?
To me it seems ahistorical to suggest that there were widespread courts and property rights systems that existed without either explicit or implicit (i.e. tribal chieftain; religious order; etc) frameworks of state power, but maybe I am just not well read enough on history.
reply