Volutaryist do no not believe the pieces of paper trump fact, but the opposite in that contracts unjust per se are not binding as a matter of fact and of law.
"Voluntaryists, it’s time for you to wake up. You’ve been indoctrinated and sold a false bill of goods. Stop being subjectivists and come back to reality, where good and evil do not depend on whether people sign on it or not.
Rape is unethical, regardless of what any piece of paper says. That is a fact. Stop believing pieces of paper trump facts."
Lysander Spooner’s Sixth rule for interpreting law as he put forth in “The unconstitutionality of slavery is as follows”
“A sixth rule of interpretation, and a very important, inflexible, and universal one, applicable to contracts, is, that a contract must never, if it be possible to avoid it, be so construed, as that any one of the parties to it, assuming him to understand his rights, and to be of competent mental capacity to make obligatory* contracts, may not reasonably be presumed to have consented to it”
His last principle is “We are never unnecessarily to impute to an instrument any intention whatever which it would be unnatural for either reasonable or honest men to entertain.”
The arbitration clause should then only be applied to disputes arising out of that contract. To apply universally to all disputes or torts between the parties would be as such to make an employee a slave.
A tort by definition is not a contract dispute, and cannot by any mean be justly interpreted to imply protection toward inherently right-violating actions for the two reasons I have mentioned above.
To do t with thso would turn anybody signing a contract with and arbitration clause into a slave, and for a person to create a contrace intent of shielding himself from punishment of inherently criminal actions is something no honest man would need or want.
Voluntaryist and more specifically proprietarian and customary law anarchists do not propose that contracts could possible be binding if they are in violation of justice. To imply that they do is to drop the entire context and theory of voluntarism. And the context of current law courts. Current law courts are heavily dominated and biased towards corporations, especially those in the military-industrial complex with friends and bribes in high places. Voluntaryist theory also suggests courts issuing unjust decisions would be liable for the costs of appeal, and a court which took four years to finally recognize something which was immediately obvious under almost any conception of justice would itself be guilty of an injustice and subject to reparation payments.