Well, Alice's DRO would probably reserve the right to investigate her house on suspicion of crime. Now Alice might be able to say no, but all DROs would then just drop her, which would be a complete catastrophe - no bank account, credit cards, mortgate, driving privileges etc.
Of course, the DROs would have to have mechanisms in place to ensure that this process would not be used to abuse or harass someone - like a third-party DRO would have to establish 'reasonsable suspicion' grounds for entering Alice's house and so on.
There are a lot of questions about this here from people who've not gone to my blog, so here's the article dealing with this in full:
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Caging the Devils: The Stateless Society and Violent Crime
After Lew Rockwell was kind enough to publish The Stateless Society (
http://www.lewrockwell.com/orig6/molyneux1.html), I received many emails asking the same question:
how can violent criminals be dealt with in the absence of a centralized government?This
is a challenging question, which can be answered in three parts. The
first is to examine how such criminals are dealt with at present; the
second is to divide violent crimes into crimes of
motive and crimes of
passion, and the third is to show how a stateless society would deal with both categories of crime far better than any existing system.
Thus the first question is:
how are violent criminals dealt with at present? The honest answer, to any unbiased observer is surely:
they are encouraged.A
basic fact of life is that people respond to incentives. The better
that crime pays, the more people will become criminals. Certain
well-known habits – drugs, gambling, prostitution in particular – are
non-violent in nature, but highly desired by certain segments of the
population. If these non-violent behaviours are criminalized, the
profit gained by providing these services rises. Illegality destroys
all stabilizing social forces (contracts, open activity, knowledge
sharing and mediation), and so violence becomes the norm for dispute
resolution.
Furthermore, wherever a legal situation exists where
most criminals make more money than the police, the police are simply
bribed into compliance. Thus by increasing the profits of non-violent
activities, the State ensures the corruption of the police and judicial
system – thus making it both safer and more profitable to operate
outside the law! It can take dozens of arrests to actually face trial –
and many trials to gain convictions. Policemen now spend about a third
of their time filling out paperwork – and 90% of their time chasing
non-violent criminals. Entire sections of certain cities are run by
gangs of thugs, and the jails are overflowing with harmless low-level
peons sent to jail as make-work for the judicial system – thus
constantly increasing law-enforcement budgets. Peaceful citizens are
legally disarmed through gun control laws. In this manner, the modern
State literally creates, protects and profits from violent criminals.
Thus
the standard to compare the stateless society’s response to violent
crime is not some perfect world where thugs are effectively dealt with,
but rather the current mess where violence is both encouraged and
protected.
Before we turn to how a stateless society deals with
crime, however, it is essential to remember that the stateless society
automatically eliminates the greatest violence faced by almost all of
us – the State that threatens us with guns if we don’t hand over our
money – and our lives, should it decide to declare war. Thus it cannot
be said that the existing system is one which minimizes violence. Quite
the contrary – the honest population is violently enslaved by the
State, and the dishonest provided with cash incentives and protection.
State
violence – in its many forms – has been growing in Western societies
over the past fifty years, as regulation, tariffs and taxation have
risen exponentially. National debts are an obvious form of
intergenerational theft. Support of foreign governments also increases
violence, since these governments use subsidies to buy arms and further
terrorize their own populations. The arms market is also funded and
controlled by governments. The list of State crimes can go on and on,
but one last gulag is worth mentioning – all the millions of poor souls
kidnapped and held hostage in prisons for non-violent ‘crimes’.
Since existing States terrorize, enslave and incarcerate literally
billions of citizens, it is hard to understand how they can be seen as effectively working ‘against’ violence in any form.
So, how does the stateless society deal with violence? First, it is important to differentiate the use of force into crimes of
motive and crimes of
passion. Crimes of
motive are
open to correction through changing incentives; any system which
reduces the profits of property crimes – while increasing the profits
of honest labor – will reduce these crimes. In the last part of this
essay, we will see how the stateless society achieves this better than
any other option.
Crimes of motive can be diminished by making
crime a low-profit activity relative to working for a living. Crime
entails labour, and if most people could make more money working
honestly for the same amount of labour, there will be far fewer
criminals.
Those who have read my explanation of dispute resolution organizations (DROs) (
http://www.lewrockwell.com/orig6/molyneux1.html)
know that stateless societies flourish through the creation of
voluntary contracts between interested parties, and that all property
is private. How does this affect violent crime?
Well, let’s look
at ‘break and enter’. If I own a house, I will probably take out
insurance against theft. Obviously, my insurance company benefits most
from
preventing theft, and so will encourage me to get an alarm system and so on, just as occurs now.
This situation is more or less analogous to what happens now – with the not-inconsequential adjustment that, since DROs handle
policing as well as
restitution,
their motive for preventing theft or rendering stolen property useless
is higher than it is now. As such, much more investment in prevention
would be worthwhile, such as creating ‘voice activated’ appliances
which only work for their owners.
However, the stateless society goes much, much further in preventing crime – specifically, by
identifying those who are going to become criminals. In this situation, the stateless society is far more effective than any State system.
In
a stateless society, contracts with DROs are required to maintain any
sort of economic life – without DRO representation, citizens are unable
to get a job, hire employees, rent a car, buy a house or send their
children to school. Any DRO will naturally ensure that its contracts
include penalties for violent crimes – so if you steal a car, your DRO
has the right to use force against you to get the car back – and
probably retrieve financial penalties to boot.
How does this
work in practice? Let’s take a test case. Say that you wake up one
morning and decide to become a thief. Well, the first thing you have to
do is cancel your coverage with your DRO, so that your DRO cannot act
against you when you steal. DROs would have clauses allowing you to
cancel your coverage, just as insurance companies have now. Thus you
would have to notify your DRO that you were dropping coverage. No
problem, you’re off their list.
However, DROs as a
whole
really need to keep track of people who have opted out of the entire
DRO system, since those people have clearly signaled their intention to
go rogue, to live off the grid, and commit crimes. Thus if you cancel
your DRO insurance, your name goes into a database available to all
DROs. If you sign up with another DRO, no problem, your name is taken
out. However, if you do not sign up with
any other DRO, red flags pop up all over the system.
What
happens then? Remember – there is no public property in the stateless
society. If you’ve gone rogue, where are you going to go? You can’t
take a bus – bus companies won’t take rogues, because
their
DRO will require that they take only DRO-covered passengers, in case of
injury or altercation. Want to fill up on gas? No luck, for the same
reason. You can try hitchhiking, of course, which might work, but what
happens when you get to your destination and try and rent a hotel room?
No DRO card, no luck. Want to sleep in the park? Parks are privately
owned, so keep moving. Getting hungry? No groceries, no restaurants –
no food! What are you going to do?
Obviously, those without DRO
representation are going to find it very hard to get around or find
anything to eat. But let’s go even further and imagine that, as a
rogue, you are somehow able to survive long enough to start trying to
steal from people’s houses.
Well, the first thing that DROs are
going to do is give a reward to anyone who spots you and reports your
position (in fact, there will be companies which specialize in just
this sort of service). As you walk down a street on your way to rob a
house, someone sees you and calls you in. The DRO immediately notifies
the street owner (remember, no public property!) who boots you off his
street. Are you going to resist the street owner?
His DRO will fully support his right to use force to protect his property or life.
So
you have to get off the street. Where do you go? All the local street
owners have been notified of your presence, and refuse you entrance.
You can’t go anywhere without trespassing. You are a pariah. No one
will help you, or give you food, or shelter you – because if they do,
their DRO will boot them or raise their rates, and their name will be
entered into a database of people who help rogues. There is literally
no place to turn.
So,
really, what incentive is there to turn to a life of crime? Working for
a living – and being protected by a DRO – pays really well. Going off
the grid and becoming a rogue pits the entire weight of the combined
DRO system against you – and, even if you
do manage to
survive their scrutiny and steal something, it has probably been
voice-encoded or protected in some other manner against unauthorized
re-use. But let’s suppose that you somehow bypass all of
that,
and do manage to steal, where are you going to sell your stolen goods?
You’re not protected by a DRO, so who will buy from you, knowing they
have no recourse if something goes wrong? And besides, anyone who
interacts with you will get a substantial reward for reporting your
location – and, if they deal with you, will be dropped from the DRO
system.
Will there be underground markets? No – where would they
operate? People need a place to live, cars to rent, clothes to buy,
groceries to eat. No DRO means no participation in economic life.
Thus it is fair to say that any stateless society will do a
far better job of protecting its citizens against crimes of motive – what, then, about crimes of
passion?
Crimes
of passion are harder to prevent – but also present far less of a
threat to those outside of the circle in which they occur.
So,
let’s say a man kills his wife. They are both covered by DROs, of
course, and their DRO contracts would include specific prohibitions
against murder. Thus the man would be subject to all the sanctions
involved in his contract – probably forced labour until a certain
financial penalty was paid off, since DROs would be responsible for
paying financial penalties to any next of kin.
Fine, you say, but what if either the man or woman was
not covered
by a DRO? Well, where would they live? No one would rent them an
apartment. If they own their house free and clear, who would sell them
food? Or gas? Who would employ them? What bank would accept their
money? The penalties for opting out of the DRO system are almost
infinite, and it is safe to say that it would be next to impossible to
survive without a DRO.
But let’s say that only the murderous husband – planning to kill his wife – opted out of
his DRO
system without telling her. Well, the first thing that his wife’s DRO
system would do is inform her of her husband’s action – and the ill
intent it may represent – and help relocate her if desired. If she
decided against relocation, her DRO would promptly drop her, since by
deciding to live in close proximity with a rogue man, she was exposing
herself to an untenable amount of danger (and so the DRO to a high risk
for financial loss!). Now both the husband and wife have chosen to live
without DROs, in a state of nature, and thus face all the
insurmountable problems of getting food, shelter, money and so on.
Now
let’s look at something slightly more complicated – stalking. A woman
becomes obsessed with a man, and starts calling him at all hours and
following him around. Perhaps boils a bunny or two. Well, if the man
has bought insurance against stalking, his DRO leaps into action. It
calls the woman’s DRO, which says: stop stalking this man or we’ll drop
you. And how does
her DRO know whether she has really given
up her stalking? The man stops reporting it. And if there is a dispute,
she just wears an ankle bracelet for a while to make sure. And remember
– since there is no public property, she can be ordered off any
property such as sidewalks, streets and parks.
(And if the man
has not bought insurance against stalking, no problem – it will just be
more expensive to buy with a ‘pre-existing condition’!)
Although
they may seem unfamiliar to you, DROs are not a new concept – they are
as ancient as civilization itself, but have been shouldered aside by
the constant escalation of State power over the last century or so. In
the past, desired social behaviour was punished through ostracism, and
risks ameliorated through voluntary ‘friendly societies’. A man who
left his wife and children – or a woman who got pregnant out of wedlock
– was no longer welcome in decent society. DROs take these concepts one
step further, by making all the information formerly known by the local
community available to the world as whole, just as credit reports do.
There are really no limits to the benefits that DROs can confer upon a
free society – insurance could be created for such things as:
- a man’s wife giving birth to a child that is not his own
- a daughter getting pregnant out of wedlock
- fertility problems for a married couple
- …and much more.
All
of the above insurance policies would require DROs to take active steps
to prevent such behaviours – the mind boggles at all the preventative
steps that could be taken! The important thing to remember is that all
such contracts are
voluntary, and so do not violate the moral absolute of non-violence.
So
in conclusion – how does the stateless society deal with violent
criminals? Brilliantly! In a stateless society, there are fewer
criminals, more prevention, greater sanctions – and instant forewarning
of those aiming at a life of crime by their withdrawal from the DRO
system. More incentives to work, fewer incentives for a life of crime,
no place to hide for rogues, and general social rejection of those who
decide to operate outside of the civilized worlds of contract, mutual
protection and general security. And remember – States in the 20th
century caused more than 170 million deaths worldwide – are we really
that worried about hold-ups and jewelry thefts in the face of
those kinds of numbers?
There
is no system that will replace faulty men with perfect angels, but the
stateless society, by rewarding goodness and punishing evil, will at
least ensure that all devils are visible – instead of cloaking them in
the current deadly fog of power, politics and propaganda.