Anti-Nomianism 2

Anarcho-Dictator

Instead of a Blog

I do not want the police and courts to engage in activities normally approved of by minarchists and some anarchists – such as protecting private property or prosecuting murderers. This is for several reasons:

  1. Police are not legitimate representatives of the victims. As only a victim has the right to expropriatory or retaliatory force against the criminal (though this is transferable to third parties) the police have no authority to actually detain or prosecute criminals.
  2. The force deployed against a criminal act must be the minimum needed to dissuade or redress the criminal act. Even a violent criminal, who is not actively threatening others, may not be shot out of hand. And non-violent offenders – thieves and cheats – may not have physical force used against them except under circumstances where they are actively resisting duly transferred property made as compensation. Thus, the arrest, detainment and threats that police use in all their routine duties are in fact criminal aggression. The fact that their victim has committed criminal acts in no way counters this. Only an active threat – say a serial killer, or a soldier – may be met with open violence, even if he is attempting to evade capture. The sole exception would be where a capital offense occurs, i.e. a murder, and the victim’s heirs consent to have the criminal executed. In such a situation the outlaw may be slain out of hand by anyone, including third parties.
  3. The police do not actually redress wrongdoing and instead impose further costs on the victims and uninvolved parties. Even if the first and second problem were addressed – if it were somehow determined that the police and courts were representing the interests of the victim and were acting only with appropriate force – it would still be illegitimate to impose the costs of courts and imprisonment onto the general taxpayer. No one has a ‘right’ to justice or law or security – you have to pay for it or administer it yourself, if you want it.
  4. It is undesirable to promote the reliance of the citizenry on the apparatus of the state. The citizens should feel that the state is leaving them defenseless, that it takes from them but provides nothing. People should come to rely on themselves, their personal networks and alternative institutions to provide their protection and dispute arbitration – not agents of the state.
My position seems to make minarchism to be untenable – no tax-funded agency, regardless of its conduct otherwise, could possibly perform the ‘night watchmen’ function. I would also apply all of these considerations to so-called ‘national defense’. Soldiers are not ‘defending our country’, they’re defending the oligarchic ruling class and its tax-farm.

2 comments

  1. Implicit but unmentioned in #2 and #3 is that arrest and especially prison are completely inappropriate for the vast majority of criminal offenses, and all civil offenses.
    Except in rare cases where depriving someone of property puts them in a situation of life-threatening emergency (i.e., stealing a canteen in the desert) property crimes are not subject to violent retaliation. Kidnapping and imprisonment are about the most clear-cut form of this imaginable. Murder is about the only possible justification for imprisonment, and in most cases exile or execution is preferable.
    Even then, such imprisonment must be voluntarily funded – either through subscription from defense agencies, the criminals themselves, or some other mechanism. In any case, for A to lock up B for his crimes against C at the expense of D is nothing more than strong-armed robbery by D, intentions being irrelevant.

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