Effective non-excludability
Access cannot be effectively conditioned on contribution: non-contributors continue to receive the relevant benefit
THE FORMAL CRITERION
The State is an institutional technology of last resort
INSTITUTIONAL LAST RESORT
Political authority cannot presume moral legitimacy or institutional superiority. The existence of a problem, collective benefit, or market failure does not by itself justify replacing voluntary cooperation with coercion
Any possible tolerance therefore remains exceptional. The burden lies with those proposing coercion, and the theorem defines the conditions a function must satisfy to pass the test of coercive necessity
THE THEOREM OF MINIMAL TOLERANCE
A function passes the Minimal Tolerance Criterion only when effective non-excludability, relevant non-rivalry, and persistent collapse of voluntary provision are jointly established. This does not by itself justify any particular coercive arrangement
THE CRITERION
Access cannot be effectively conditioned on contribution: non-contributors continue to receive the relevant benefit
Use of the relevant benefit must not meaningfully reduce what remains available to others
The incentive to benefit without contributing must undermine the financing, coordination, or participation needed to sustain the function over time
COROLLARY
Importance, collective benefit, underprovision, or the presence of free riders cannot establish the necessity of coercion.If any one of the three conditions fails, the public-goods case for coercive necessity ends there
APPLICATIONS
The theorem distinguishes persistent failure caused by free-rider incentives from political convenience, paternalism, and dissatisfaction with voluntary outcomes