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Question
Hello everyone. :) New forum member and fairly new to the Libertarian movement.
As I've done some reading, and a lot of podcast listening, I've cemented myself into the liberty way of thinking. It's been wonderful to finally find a political movement that I can fully get behind. But, naturally, the more I learn I occasionally have a question, and I have, quite literally, never met another libertarian here to converse with or ask. I tried to start a lib student group when I was in college, got zero responses aside from the occasional, "yea, good luck with that," So, I thought I'd come here and ask.
I'm curious about how a free market justice system would work. I'm somewhat more familair with PMCs as I've been working with creators behind a few Tom Clancy video game series, so PMC's come up quite often. But, I'm not sure how private judicial and police system would work, though.
For example, lets say I am walking down the street at night with my child. Some maniac jumps out of the shadows, kills my child and leaves me for dead. Under a free market justice system, what are my options?
I keep thinking of other private services, such as a plumber, for example. I can use him, but I can't force anyone else to use him. So, how could I force others to abide by my private police? And, without a government, how would the laws that these people defend be established?
Sorry for all the questions, but I'm new. Thanks in advance.
--
Jackie Fiest
Hi, Jackie...
I'm up late, doing revisions on the podcast I just released, and I saw your post. You've thought of one of the most interesting speculative questions any free market booster can address. I think those who truly think about this always get to a point where they say, "What about private police and justice systems? How would those work properly without conflict?"
First, we have to note that historically, most people try to avoid conflict and maximize honest dealings. They exclude bad actors and better their lives by gaining good reputations.
So how does this work within a sphere of multiple free market societies that have hired different police forces and operate under private arbitration agencies? The key factor here is something akin to what we do when we pick insurance companies. Of course, we're dealing with a theoretical society here, but since we can logically assume -- based on past behavior in history -- that people in a stateless society will form societally accepted modes of behavior and will exclude bad actors, those societies which are separated by geography or other factors will find that by anticipating long-term interaction and creating peaceful modes of coexistence with other societies (and by changing their operational rules to maximize their living standards through trial and error), different societies will reach harmonious arrangements by hiring justice agencies that work out systems of reciprocity and tend to diffuse conflict. No one would want to hir a privat ejustice system that promised to never be able to work out arbitration with people from other socieities, it would be a total market killer. What would occur is that the honest private justice systems would rise to the top, just like all other market participants. As the sytems became refined, a standard would be reached which would enjoy the most adherents. There might be smaller, less reliable systems that cater to shadier folks, but those would become known, and wouldn't be able to gain market share the way the good guys do. Just like McDonalds grew because it pelased customers, so would McLegals.
Of course, this isn't to say it would be perfect. We need to look at a scale, and on the spectrum, private,competing justice systems would be much more open to addressing customer satisfaction -- for traders, neghbors, vacationers, etc., traveling from one land to another -- than Statist government, with its insulation from competition. Any entity with a monopoly on force is pretty much the worst monopoly you can find. It's not only got no competition, but if you complain, it can kill you or arrest you.
Only those who voluntarily sign on to a market justice system will be affected by its rules. Likewise, only those who sign on to peacefully co-existent private justice systems will benefit from their standards and security.
If you get a chance, check out "The Market for Liberty", it's really good on these points! Mary Ruwart's "Healing Our World" is also excellent on this, in a more general way. :-)
I'm glad you're here...
Bye for now.
G
Thanks, Gard, I had this idea in my head of a big city and a million police forces running around. I was also curious how it would work if someone who was not a part of your community came in, and broke a more serious law. But, I guess if you go into another persons community and break one of their laws, facing their justice seems fair.
If you don't mind, I have another question.
We all know Bastiats quote that says, "If goods don't cross borders, soldiers will" (or something similar). Trade is something that is very important to any community, and it's not my intention to say we shouldn't be involved in trade. We absolutely should. However, doesn't engaging in trade put us at risk for possible military action?
For example, let's say Nation A, a very small country, has a precious resource that has become very vital to our way of life, hence they are a vital trading partner. Then one day, Nation B, a very large country, attacks that country, takes it over and says they aren't going to trade that precious resource to us anymore. Nation A asks us for our help. As a non-Inerventionist community, do we help?
While I support free market justice, I may part company with my fellow anarchists on how it would work and what a free market police force, or its equivalent, would do. I personally have no problem with such a police force seizing someone who has been accused of a violent crime. Some of my fellow anarchists get their panties in a bunch and scream aggression. Some think that each person is the sole arbiter of what's right and wrong. In their view, no one can ever be brought before a court of justice without their consent or even incarcerated without their consent. Of course, since the agency in question has to keep its customers, it will be very careful about who it seizes. And they will also be subject to penalties and loss of market share. Failure to pay the penalties may also lead to loss of market share. For me, it comes down to what the "people" (the market) think. If someone who aggresses on another is treated fairly and properly, "the people' will support their punishment. Punishment can include restitution and/or incarceration.
Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it
Learned Hand
In the past men created witches: now they create mental patients.
Thomas Szasz
Relinquish liberty for the purposes of defense in an emergency?
Why? It would seem that in an emergency, of all times, one needs
his greatest strength. So if liberty is strength and slavery is weakness,
liberty is a necessity rather than a luxury, and we can ill afford
to be without it—least of all during an emergency.
F.A. Harper
I agree with you, and the whole idea of prosecution without consent was something I was concerned about. Who would committ a crime, espicially a violent crime, and then say, "Hmm. You know what? I should be prosecuted for this." Not likely.
Hi...
Very engaging thoughts, and the only thing I would add is that in this hypothetical, market-based justice system, people who didn't agree before-hand to abide by the rulings of the justice system to which they signed on (and to their reciprocal justice exchanges in a more complex system) would be ostracized. Just like a "justice/arbitration business" that did a poor job would lose market share, those who broke rules or would not sign on to voluntary market-based justice systems would see their ability to interact in a profitable manner decline, even while the ability of honest dealers to protect themselves increased.
There can always be problems, but it is a much more responsive system than the one-size-fits-all system of government through the state, in my opinion.
:-) -- GG
Oh, absolutely. I really like the idea of free market justice as it is justice that is accountable. That's the key. I honestly don't understanad why more people aren't more upset about the idea that there is a group of people that can basically do whatever they want, and are completely unaccountable. I don't think all cops are bad. I used to know a girl in high school whose father was a policeman and was shot and killed protecting someone during a bank robbery. God bless him, but I'd suggest he's rare. There are too many stories of 92 year old women being killed when cops bust into her home or guys being killed, unarmed, in their bathrooms by police barging in. It's rediculous. Let the people decide who will protect them.
Oh, absolutely. I really like the idea of free market justice as it is justice that is accountable. That's the key. I honestly don't understanad why more people aren't more upset about the idea that there is a group of people that can basically do whatever they want, and are completely unaccountable. I don't think all cops are bad. I used to know a girl in high school whose father was a policeman and was shot and killed protecting someone during a bank robbery. God bless him, but I'd suggest he's rare. There are too many stories of 92 year old women being killed when cops bust into her home or guys being killed, unarmed, in their bathrooms by police barging in. It's rediculous. Let the people decide who will protect them.
I agree, Jackie. And it's interesting to note that many of the so-called "anti-death penalty" activists will never question one major fact facing them. It's this... Most of the people who oppose the death penalty do so on the grounds that they don't want to sanction the state to take a life because it could be an innocent life. The trouble with their thinking is that they don't take it far enough; they don't consider that if they favor armed police "protection" by the state, they are actually sanctioning the state to not only take innocent lives, but to take them more often and without any deliberative jury process. Some people might say that it's comparing apples and oranges, because the police are on the scene and a jury system can put someone away for life without having to be so rash as to vote to kill. Police, they might argue, are different than a jury that isn't in danger and yet votes to kill. But if it's actually whether the state sanctions killing of innocent people, then it doesn't matter if there's a jury or it happens on the quick mistake of a cop. A death is a death, and there's no going back. So I think people who are anti-death penalty need to look very seriously at their adherence to any police-state activity, even the so-called "protective" police force they still sanction.
Thanks for the great comments...
G
Yea, if someone kills another person in a drug deal, and is sentenced to death row, they will line up and do their hippie song and dance all night. But, I wonder what any of those people had to say about this...
http://stopthedrugwar.org/chronicle/2010/jun/18/drug_raids_las_vegas_nar...
I'll bet most don't even know about it.
So, in this hypothetical situation could I have my private police force catch the perp and bring him to my wood shed? I after all am paying them to catch this person and bring them to justice. No amount of money is going to be enough restitution so I might as well have the justice of killing the perp slowly at my leisure. How does the stateless society really deal with sociopaths and really vengeful people? I don't support the death penalty because I think it is worse to keep the person alive for decades in a 6X8 cell with the lights on 24/7 and no contact with people. Now, if it was a stateless society with my own police I would have the person brought to me so I could carve on them for awhile as punishment. Would that get me ostricised from the community because I exacted the justice I thought fit the crime. No amount of money will brig my child back so for me the price would be paid with blood and the perps life. On another note, if I have to sign a contract to be part of a community who is the overarching enforcer of the contract? Isn't that a type of state?
"To befoul the unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of the day."
-- President Theodore Roosevelt