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You are underestimating what it requires to arbitrate a contract. It isn't very long before a system identical to the one we have would evolve. Imagine the year 1965:
Arbiter: "I am the appointed judge for this county and I find that this marital contract is not valid because it was made by two men."
Voters: "Yay we like Arbiter and re-elect him judge."
Hank: "But the marital contract is merely a financial instrument involving a small amount of voluntary servitude."
Voters: "That guy must be a faggot."
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