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Freedom, Society, and State - Ludwig von Mises Institute

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says, may therefore forbid even nonmembers from engaging<br />

in acts of self-defense against clients of the compan<br />

y pro v ide d "t he c lien t s 0 f the prot e c t i ve agen c y • • •<br />

compensate the independents for the disadvantages imposed<br />

u p 0 nthem by be i ng proh i bit e d self - he 1penfor c e ­<br />

ment of their own rights against the agency's clients."<br />

Compensat ion would be in the form of "protective services<br />

to cover those si tuations of conflict with the<br />

paying customers of the protective agency."(78) Since<br />

competition would ostensibly reduce the number of protective<br />

agencies, <strong>and</strong> since the principle of compensat<br />

ion permit s the d om inan t proteet i ve agenc y t 0 for bid<br />

even nonclients (including their agencies) from defendi<br />

n g thems e 1 v e s pro v ide d the y r e c e i v e compensa t ion,<br />

N0 z i c k fee Ishe has pro v ide d a jus t i fica t i on for a<br />

minimal state.<br />

Nozick's criticism is two-fold: the practical consider'ation<br />

that such a society would be most inconvenient,<br />

<strong>and</strong> the moral proposition that such types of nonaggressive<br />

act ivi ty as "self-help enforcement" can be<br />

forcibly prohibited provided compensation is granted.<br />

As noted above, the anarchists deny that their society<br />

wou I d be i nconven i ent. On the contrary, they bel ieve<br />

that since no one could legally initiate force for any<br />

reason <strong>and</strong> s i nee er ime would not pay, there would be<br />

considerably less need for punishment of any kind,<br />

"private" or "public," <strong>and</strong> thus little need to fear it.<br />

Further, since everyone would be held responsible for<br />

the actions he performs, accidents, excessive use of<br />

for c e, etc., W 0 u I d,. not r e c e i ve imm unit y because they<br />

occurred in the "pursuit of justice." As the Tannehills<br />

note, "In the process of collecting from the aggressor,<br />

the victim (or his agents) may not carelessly or viciously<br />

destroy values belonging to the aggressor or<br />

take more from him than the original property (or an<br />

equivalent value) plus costs occasioned by the aggress<br />

ion • " ( 7 9 ) I fanyin d i v i d ua lor em p loye e 0 f a<br />

defense agency did<br />

negl i gently or aggressively apprehend individ<br />

u a 1s, the imp r 0 per 1y de t a i ned i nd i v i d ua 1 rna y<br />

c h a r get h e de fen sea g e n t employe e withaggression<br />

or negligence. The mistakes by defense<br />

agents will be covered by the insuring<br />

bonding company. Under these conditions, a<br />

d e fen sec 0 mpan y w i I I not ret a inan em p loye e<br />

making an unreasonable number of mistakes,<br />

because the cost of insuring such personnel<br />

would soon become prohibitive for them. There<br />

358

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