Yesterday, David Thompson linked to a post by Natalie Solent about how the police in London failed to do anything about a blatant theft at a Boots pharmacy because it was considered a “civil matter”. The accused thief was prosecuted privately by the parent corporation, which is apparently the first time this has happened in England. As Natalie says, this is the “nice” option when the government fails to enforce the law of the land — or enforces it only sporadically and unevenly.
In the latest edition of the Libertarian Enterprise, Eric Oppen provides an example from the US in the post-Civil War era that shows the other option for private law enforcement:
Many of the victims of the kind of small-time crime committed by vagrants and the “homeless” are, themselves, far from rich. Repeated thefts can drive a small, struggling business under, and loss of, for example, a bicycle can represent a catastrophic blow to a poor person’s finances. This doesn’t address the sense of violation felt by those victimized by crime.
The original San Francisco Committees of Vigilance formed because the “forces of law and order” either were not doing their jobs, or were actively in league with the very criminals they were supposed to be suppressing. Many police were incompetent or lazy, while others were often corrupt on a scale that would shock Boss Hogg.
Do-it-yourself justice was far from uncommon in nineteenth-century America, including in the “civilized” East. In upstate New York, after decades of unpunished crime, the Loomis family gang received an epic comeuppance in 1865. Fifteen years earlier, their outraged neighbors had tried staging a raid on the Loomis farm, but uncertainty about who owned the stolen goods they found prevented any Loomis from being convicted. In 1865, many of their neighbors were returned Civil War combat veterans. They had become inured to violence, and they were tired of the Loomis’ thefts, arsons and intimidation. They killed George “Wash” Loomis, the leader of the gang, nearly lynched one of his brothers, and burned down the family’s home. After that, the Loomis family’s power was broken and their reign of crime was pretty much over.
These things happened because there was no other way to deal with these situations. Law enforcement, in those days, was primitive, especially outside of the major cities. Large corporations often had their own private police simply because of this fact.
The “social contract” is supposed to read something like “renounce personally avenging your wrongs, and society will do it for you.” But what can one do, when society is visibly abrogating the contract? Take it to court?
Vigilantism is not unknown even in Canada.
“Tombstone Courthouse State Historic Park” by August Rode is licensed under CC BY-NC-SA 2.0
