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Anarchism 11<br />

defense. The easiest way to grasp the anarcho-capitalist<br />

position is to start with the minimal state and then imagine<br />

what would happen if the free market absorbed its remaining<br />

functions.<br />

A government police force supported by taxes would be<br />

replaced by police firms supported by paying customers.<br />

When disputes arose, police firms would turn to private<br />

courts for adjudication. Private courts, in turn, would strive<br />

to attract more subscribers by crafting judge-made law to<br />

prevent disputes from arising in the first place. Many rulings<br />

would be enforced by ostracism, bonding, or other<br />

nonviolent means. However, for violent offenders with few<br />

liquid resources, it would probably be necessary to have a<br />

private prison industry to extract restitution.<br />

Anarcho-<strong>capitalism</strong> is often dismissed as utopian, but<br />

Rothbard rejects the charge: “In contrast to such utopians as<br />

Marxists or left-wing anarchists ...libertarians do not<br />

assume that the ushering in of the purely free society of<br />

their dreams will also bring with it a new, magically transformed<br />

Libertarian Man.” Indeed, anarcho-capitalists are<br />

deeply concerned about what economists call incentive<br />

compatibility: Would private firms in a defense services<br />

industry find it in their self-interest to behave as described?<br />

Anarcho-capitalists predictably identify competition and<br />

reputation as the mechanisms that link selfish motives and<br />

socially beneficial results. Why would police firms do a<br />

good job for a reasonable price? If they fail, consumers<br />

would switch to a competitor. If Client A of Firm X accuses<br />

Client B of Firm Y and infringing his rights and B denies<br />

the charge, what would happen? A shoot-out between X and<br />

Y is possible, but unlikely. It would be more profitable for<br />

both sides to negotiate rather than fight. After all, the<br />

policemen work voluntarily and would have to be paid far<br />

more if bloodshed were a daily occurrence. In fact, business<br />

leaders would predict that such problems would likely<br />

occur and write contracts to handle them before they arose.<br />

Why would police agencies turn to a judge instead of<br />

defending their clients to the death? Agencies pursuing this<br />

strategy would counterproductively attract the high-risk<br />

clients. Why would judges give honest rulings instead of<br />

selling themselves to the highest bidder? A judge with a<br />

reputation for corruption would find it difficult to attract<br />

clients. How would one extract restitution from an indigent<br />

criminal? Convicted criminals would be sold to private<br />

prisons as indentured servants and released after they paid<br />

off their debt. Why would private prisons treat inmates<br />

humanely? Because a safe and healthy indentured servant is<br />

a productive indentured servant.<br />

Even many libertarians find anarcho-<strong>capitalism</strong> outlandish<br />

and frightening. Therefore, it is worth pointing out<br />

that the market already plays a larger role in the defense<br />

services industry than is generally recognized. There are<br />

currently more security guards in the United States than<br />

government police. In many respects, private arbitration<br />

now resolves more disputes than the public courts. The<br />

market has created an array of nonviolent punishments—<br />

from credit reports to bonding to eBay feedback ratings—<br />

to deter offenses the government fails to prosecute. Despite<br />

the private sector’s large current role in the defense services<br />

industry, dangerous side effects have yet to materialize.<br />

Even libertarians are often given to hasty rejection of<br />

anarcho-<strong>capitalism</strong>. Ayn Rand, to take the most famous<br />

example, asserted that warfare would erupt as soon as the<br />

client of one police firm became embroiled with the client<br />

of another police firm. She did not explain why profitmaximizing<br />

businesses would prefer bloodshed to arbitration.<br />

The young Roy Childs won notoriety in libertarian circles<br />

by pointing out the internal inconsistencies of her<br />

critique of anarchism in his “Open Letter to Ayn Rand.”<br />

Critics are on firmer ground when they doubt the ability<br />

of the free market to repel foreign invaders. How would it<br />

be in anyone’s financial interest to shoulder this burden?<br />

Standard economics suggests that defense is a public good;<br />

competing firms would free ride off the efforts of others,<br />

leading to a suboptimal supply. Austrian economists like<br />

Murray Rothbard unconvincingly reject this conclusion on<br />

methodological grounds. David Friedman has a less ideological<br />

response. Friedman agrees that defense against foreign<br />

invaders is a public good. However, the total cost<br />

of this public good is only a fraction of the current level<br />

of charitable giving. It is not unrealistic to suggest that<br />

national defense could be funded by redirecting existing<br />

charitable impulses. Many would also add that even if a<br />

tax-funded minimal government is better equipped to repel<br />

foreign aggressors, it also is more likely to engage in foreign<br />

aggression, provoke foreign attacks, or stage a coup<br />

d’état against domestic liberty.<br />

Libertarians are normally skeptical about the extent and<br />

effectiveness of business conspiracies to push prices above<br />

the competitive level. These conspiracies are plagued by an<br />

array of difficulties—most fundamentally, new entry.<br />

However, this risk seems markedly greater in the market for<br />

defense services. A cartel of defense firms might collude to<br />

raise prices and then short-circuit the market’s usual checks<br />

by threatening to attack new entrants who dare to undermine<br />

the agreement.<br />

Is this possible? Yes, but is it likely? That depends on<br />

the equilibrium number of firms in the industry. As David<br />

Friedman puts it, “If there are only two or three agencies in<br />

the entire area now covered by the United States, a conspiracy<br />

among them may be practical. If there are 10,000, then<br />

when any group of them starts acting like a government,<br />

their customers will hire someone else to protect them<br />

against their protectors.” The number of firms, in turn,<br />

depends on the level of demand and the extent of scale<br />

economies. If demand is low and scale economies are substantial,<br />

there might only be a couple of rival police firms,<br />

just as a small town sustains only a couple of grocery

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