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First, something kept seeming off about all the legal systems mentioned, which only clicked into place about halfway through: they really, really didnt seem prepared for crime.
As weird as it is to free online surveys and get paid punish murder with a fine, the fines these societies levied for murder sounded really high: the Islamic price was a hundred camels, the Irish price was seven female slaves.
Theres a lot of concern about police brutality, police racism, police failure-to-actually-control crime, et cetera.I gather a thousand people to kill Buffett and/or his whiskey stones gift set hundred bodyguards, and Buffett and his bodyguards pool their money to hire a whole force of mercenaries to resist.And the government didnt want to go to the expense of imprisoning people, so they usually just hanged convicted offenders (if the crime seemed really bad) or pardoned them (if it didnt seem to merit hanging).These were genuine community-based non-hierarchical legal systems.The reason is obvious enough; each man killed will have friends and relations who are still neutraland will remain neutral if and only if the killing is made up for by an appropriate wergeld.(but what would the transfer process look like?Each congregation will have its own rules, especially about which technologies their members are or arent allowed to use.Usually this was a fine paid to the victim; even murders were punished with wergeld.Even when the system seems so near to breaking down, it is still assumed that every enemy killed must eventually be paid for.But more likely youre going to plea bargain, or agree to community service, or at least be cooperative and polite while the police take you away.But something does stop them from trying to enforce them: from the States point of view, a court that executes an offender is just a bunch of Gypsies who got together and committed murder.Law is a public good.
Most dont really know why their legal system works in some cases, Friedman only gives an economic analysis of why some rule might exist after admitting that previous scholarship (both modern academic, and within the society in question) has failed to come up with answers.
This meant that an attack on even the poorest victim could lead to eventual punishment.
The Icelandic courts could declare offenders outlaws who can be killed without repercussion but the threat encourages Icelanders to pay the wergeld, and nobody has to get outlawed.Well, you say, whats the worst thing that could happen if you got in trouble?There is a scene in Njals Saga that provides striking evidence of the stability of this system.Primitive farmers will know every tiny detail about exactly when to plant which crops, and how to exploit microvariations in soil quality, and know ridiculous tricks like planting fish heads in the ground as fertilizer.On the other hand, in my past work with criminals Ive been constantly surprised by how much role their families and their communities still play in their lives, and maybe a system that left legal enforcement up to them would do better than the overstretched.
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