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Like if you murder someone you prob going to prison. So the police come and arrest you and take you away

First recognize that _all_ property is private property. That's important context.

If you step on my property, I'll require you to have insurance.

If you murder someone, that person will (likely) have insurance that pays their estate in the event of their murder. Once insurance has paid the claim, they will attempt to collect funds from you. Your insurance will cover you for that. If there are disputes along the way here, private enforcement agencies will deal with that on their employers' behalf. The easiest, cheapest, least-violent (unnecessary violence is expensive, as we're seeing) way to handle those disputes will probably be through arbitration, which the enforcement agencies will mostly align on in order to economize and work efficiently. No where has coercion been introduced.

If you _don't_ have proper insurance, you are unlikely to be allowed on most private property. So to the extent that you'd like to operate normally in society, you'll carry the level of insurance that allows you to do so.

If you're a truly antisocial, masochistic criminal who opts to carry no insurance and attempts to go on a crime spree, the first bit of private property you step on will find you in violation of their "entry requirements" and will use force to repel you, and nobody in the voluntary society will see that as unjustified, as you willfully violated a contract that warned against your subsequent behavior.

Given that nearly every (voluntary) contract at any level will have large penalties for murder, it would essentially be taken as a universal that "murder is 'illegal' ". That's a spontaneous, bottom-up "rule" that doesn't require a State to prescribe. Freely-associating individuals can arrive at that.

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Discussion

vinney...axkl 1y ago

"punishment" for crimes is sort of pointless.

what's meaningful is compensation for victims and setting up incentives and penalties to lessen the frequency these events occur in the first place (like high insurance premiums for those with a history of malevolent behavior or risky habits, like stockpiling guns and swords.)

Ben Ewing 1y ago

I'm getting too tired to wrap my head around this tonight, but my first reaction is that this is way to complicated to work in practice. Why is everyone just magically insured? Like how do we go from here to there? How do I know what level of insurance I need to go where, if each individual property owner can require that of me independently? How do they know what level of insurance I have, and how can they detect fraud? Isn't the arbitration just a court system? So then how to fund that without preventing thugs from free riding knowing that if it is underfunded they can steal stuff again? A dollar spent on private enforcement protecting my property would be a better use of my funds than funding arbitrators. So reverse tragedy of the commons again, until it all falls apart when you can't protect your basic stuff.

vinney...axkl 1y ago

Read "A Spontaneous Order" (Rachels) and "Chaos Theory" (Murphy) for answers to those very good questions.

Obviously, the "answers" are going to bake-in some optimism about the approach, but particularly Spontaneous Order does a very good job of starting from a completely blank slate and building up from there.