Is vigilantism possible under ancap?

анонимный вопрос

This is also a fairly popular question; early answers can be found under the tag “court”, so it will be difficult to provide something new, but I will try.

Right here, I defined a court as a legal institution within which a conflict between parties is resolved by a third party, with the clarification that under ancap, a court can resolve conflicts only within the scope of the authority delegated to it by the parties to the conflict. I have also previously referred to the legal principle that no one can be a judge in their own cause.

Thus, formally, vigilantism is not a legal procedure, and the question could be closed on that basis, but the real world introduces its own corrections.

First, a person is fully entitled to exercise vigilantism upon themselves. They repented for some of their old actions and settled their accounts with life. Or decided to give ten bitcoins to charity. Or rewarded themselves with a couple of cocktails for meeting a deadline. This is vigilantism: the person evaluated their own actions, appointed the measure of retribution, and carried out the sentence themselves.

Second, in a conflict situation, one party may surrender themselves to the judgment of the other party. For example, I messed up, I surrender myself to your judgment, decide fairly how I should compensate for the damage. This could be an act of trust that strengthens further relations, an act of recklessness that lays the foundation for a future deep grievance, or a subtle manipulation designed to touch the other party and force them to forgive—it all depends on a multitude of circumstances, but in any case, such a deal also remains voluntary, and therefore legal, and this can also be called vigilantism.

Third, one of the parties to the conflict may decide to inflict some damage on the second party and be satisfied with that. I was overcharged at a restaurant, they were rude in response to a remark, I calmly walk outside, smash the display window, and leave. This is also vigilantism: the restaurant was sentenced by me to the destruction of its window. Is this a legal procedure? No. Is it possible under ancap? Yes. Will the conflict be exhausted after the application of this procedure? Quite possibly, if the passive party to the conflict, upon rational reflection, decides that to hell with it, it’s cheaper than going to court.

The broken windows theory in all its glory

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