In a message dated 1/10/03 9:03:27 PM, [EMAIL PROTECTED] writes:

<< What prevents a particular private law enforcement
agency from engaging in mob-style "protection"?  For
example, in Friedman's "Anarchy and Efficient Law", he
states that, "The most obvious and least likely is
direct violence-a mini-war between my agency,
attempting to arrest the burglar, and his agency
attempting to defend him from arrest. A somewhat more
plausible scenario is negotiation. Since warfare is
expensive, agencies might include in the contracts
they offer their customers a provision under which
they are not obliged to defend customers against
legitimate punishment for their actual crimes." 
(http://www.daviddfriedman.com/Academic/Anarchy_and_Eff_Law/Anarchy_and_Eff_La

w.html)
 First, if war were so expensive relative to peace why
does it exist?  Maybe peace is more expensive, in
terms of risk for example, than open warfare.  Second,
I might say that going to war isn't expensive, going
to war against ME is expensive, because I'm going to
recruit the demons who walk the earth.  I won't put
Charles Manson in jail, I'll put him on the payroll.

This is an honest question, one that has been vexing me. >>

I'd start by noting that it's a matter of incentives, not absolutes.  
Governments are motivated by power--the desire of those in government to 
maximize their power--which they can do by raising taxes, promulgating 
regulations, borrowing money (raising future taxes), and making war.  The 
Russian government, for instance, made war on the various peoples of Siberia 
explicitly to raise revenue--in the form of fur tributes it imposed--in order 
to fund its wars of conquest in eastern Europe.  We like to think that our 
democratcially-elected governments are above such behaviors, but in the 
American case war has often served as the most effective of reasons (some 
might say "excuses") for expanding the power of government--as the Civil War, 
two world wars, and the Cold War demonstrate.  That's in fact why, ever time 
some president wants a new expansion of government power, he tries to make it 
out as "the moral equivalent of war," to use Jimmy Carter's phrase:  The War 
on Poverty, The War on Drugs, The War on Terrorism (though arguably if people 
are blowing up buildings and killing people, it really is war, but still a 
war being used to justify all sorts of increases in government's ability to 
invade the average American's privacy).  

Governments thus have a certain incentive to make war.   Businesses, however, 
do not fight real wars, they compete for customers through various means of 
non-violent persuasion.  Businesses thus have the incentive to expand their 
customer base by serving the desires of the largest number of customers, not 
by catering to the sick desires of a murderous few.  Thus while protection 
businesses might in fact engage in warfare--there being no guarantees--their 
profit motive and their customers' general dislike for wars would give the 
businesses an incentive not to make war.  

It's entirely possible that some protection businesses would hire former 
criminals to protect their customers against other criminals, just as the US 
government once drafted trouble-makers to "harness" their destructive 
energies, and now forces convicted hackers to help them design hack-proof 
systems, and as the French used to (still?) fill the ranks of their Foreign 
Legion with violent criminals.  Using convicted criminals against would-be 
criminals seems a better result than locking the criminals in prisons in 
which the most violent in effect rule over the less-violent, and where the 
taxpayer carries the burden for criminals' medical care, lodging, meals, 
cable TV, libraries, weight-rooms, etc.

David Levenstam

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