From Slate Star Codex, November 13, 2017:
I.
Medieval Icelandic crime victims would sell the right to pursue a perpetrator to the highest bidder. 18th century English justice replaced fines with criminals bribing prosecutors to drop cases. Somali judges compete on the free market; those who give bad verdicts get a reputation that drives away future customers.
“Anarcho-capitalism” evokes a dystopian cyberpunk future. But maybe that’s wrong. Maybe we’ve always been anarcho-capitalist. Maybe a state-run legal system isn’t a fact of nature, but a historical oddity as contingent as collectivized farming or nationalized railroads. Legal Systems Very Different From Ours, by anarcho-capitalist/legal scholar/medieval history buff David Friedman, successfully combines the author’s three special interests into a whirlwind tour of exotic law.
Law is a public good. Crime victims have little economic incentive to punish the perpetrator; if you burn my house down, jailing you won’t un-burn the house. If you steal my gold, I have some interest in catching you and taking it back, but no more than I do in catching some other poor shmuck and taking his gold. It’s only society as a whole that wants to make sure criminals are reliably punished and the innocent consistently safe. This is the classic situation where economists usually recommend government intervention.
But sometimes that doesn’t work. Maybe you live in an area like Somalia or medieval Ireland without a strong centralized government. Maybe you live in a strato-klepto-kakocracy run by warlords who can’t even pronounce “jurisprudence”, let alone enforce it. Maybe you’re a despised minority group whom the State wants nothing to do with, or who wants nothing to do with the State.
Gypsies living scattered in foreign countries have generally wanted to run their own communities by their own rules. Nothing stops some of them from calling themselves a “legislature” or a “court” and claiming to make laws or pass sentences. But something does stop them from trying to enforce them: from the State’s point of view, a “court” that executes an offender is just a bunch of Gypsies who got together and committed murder. So the Vlach Rom – Romanian Gypsies – organize courts called kris which enforce their sentences with threat of banishment from the community.
Gypsies traditionally believe in marime, a sort of awful pollution that infects people who don’t follow the right rituals; anyone who interacts with polluted people will become polluted themselves. Kris courts can declare the worst offenders polluted, ensuring their speedy ostracization from Gypsy society. And since non-Gypsies are polluted by default, the possibility of ostracism and forced integration into non-Gypsy society will seem intolerable:
The effectiveness of that threat [of ostracism] depends on how easily the exiled gypsy can function outside of his community. The marimé rules (and similar rules in other societies) provide a mechanism for isolating the members of the community. Gaije, non-gypsies, do not know the marimé rules and so do not and cannot obey them. It follows that they are all polluted, unclean, carriers of a contagious disease, people whom no Rom in his right mind would willingly choose to associate with; when and if such association is unavoidable it must be taken with great care. The gypsy view of gaije, reinforced by the gaije view of gypsies as uneducated and illiterate thieves and swindlers, eliminates the exit option and so empowers the kris to enforce gypsy law by the threat of exclusion from the only tolerable human society.
This reminds me of The Use And Abuse Of Witchdoctors For Life: once your culture has a weird superstition, it can get plugged into various social needs to become a load-bearing part of the community structure.
Amish also live under the authority of a foreign culture and have settled on a similar system, with a twist....
....MUCH MORE
Slate Star Codex is defunct. Its proprietor, Scott Alexander, can now be found at Astral Codex Ten.
He is also chipping in on the AI Futures Project:
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