In theory, no. In practice, yes. A Bill of Rights only has real existence if its standards are upheld by a court system that can rule on its meanings and a military that can violently enforce those rulings. In an anarchist state, there can be no effective court system, nor can there be any effective army.
It’s all very nice to pretend that everybody is just going to play fair and voluntarily abide by the bill of rights, but in th real world we know that isn’t going to happen. If one single person cheats, then they will need to be dealt with via punishment. And if they resist that punishment then ultimately they will need to be dealt with violently, to the point of forced incarceration at the very least. So you are going to need an army, whether you choose to call that army a police force or otherwise, it is a group of armed, trained men with a rigid command structure.
It’s also all very well to think that you can select Judges at random from the crowd, but such an idea is as ludicrous as saying that you can pick engineers or neurosurgeons at random from the crowd. Being a judge is a highly specialised skill that requires decades of training and experience. It’s not a role that can be filled by people selected out of the crowd. So you are going to need full-time judges, and they will need to be paid for their work.
So now we have an “Anarchist state” with a standing army and full-time judges. That’s not an anarchist state at all.
Of course we have been over this before. In an earlier thread I asked you where you would even get basic the basic public servants needed to undertake necessary public works. Never mind judges, where are you going to get town planners?
Let’s use the example of a necessary standing public institution: roads. In my local area there are plans underway to have the national highway, which currently runs literally down the main street, bypass the city.
In order to perform just the preliminary stages of that task they have needed to spend about 50 million dollars on engineers, surveyors, economists, ecologists, geologists, hydrologists, quantity surveyors, furturists, agronomists and many more professional civil-service bureaucrats.
Can you explain how your system would handle such a project? Would every child be trained in childhood for fields as diverse as ecology, economics and hydrology? Or do you think that basic education in generic “civil service” will enable randomly selected individuals to handle such a gargantuan project.
How would random individuals even know which of these professionals to seek advice from? Despite being a civil servant myself for over 15 years, I would not have the foggiest notion where to start on a project like this. So why do you believe that a few years of “civil service” education in childhood would enable me to manage this project?
With the current system, when a problem is perceived elected politicians can call up civil servants and say “There is too much traffic in this city, what can we do about it, what will the ramifications of this action be?” and the bureaucracy goes to work answering those questions. The politician then gives one solution the green light, and the bureaucracy goes to work implementing it.
But in your world there is no bureaucracy.
So will people like me, but without 15 years training as a civil servant, just get a call one day from someone and be told there is a problem and asked how to deal with it? This is a problem with multiple possible solutions, and the chosen solution, bypassing the city, itself has dozens of major challenges across a wide variety of fields. Without a bureaucracy behind me, how could I possibly even begin to deal with this problem?
I honestly don’t see how this sort of road work would be possible without a standing bureaucracy. The idea that people with some training in civil service during childhood could do it seems utterly implausible. Never mind the legal aspects; the ecological, sociological, economic, hydrological and engineering problems are all significant enough.
So can you explain how a person with “some training in civil service during childhood” would be able to undertake this project? If possible, start from the day when somebody representing the community phones up and says “we have a traffic problem” then take it from there, showing how these random individuals would evaluate options, present options to the community leaders, then implement the chosen option avoiding ecological, sociological and engineering catastrophe as well as budget overrun.