You Can’t Depend on the State to Maintain Public Order

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by Mac Slavo, SHTF Plan:

This article was originally published by Tate Fegley at The Mises Institute. 

Although commonly used, Max Weber’s definition of the state—an entity that has a monopoly on the legitimate use of force within a given geographical area—can mislead people into thinking that the state is the only or even the primary reason for security and order. This is illustrated in the trends in the nonstate provision of security, as revealed by my Google alert for the phrase “private police.” Lately, incidents of car and bike theft have led individuals to either organize themselves to prevent and respond to it or hire private security to do so.

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One example is a gas station in Philadelphia (a city that has frequently been in the news lately due to growing crime problems, having set a new personal record for annual murders) that has hired security armed with rifles to protect patrons, mainly from carjackings since motorists are especially vulnerable to attack while pumping gas.

One thing I found notable from a Fox News interview with the head of security Chief Andre Boyer (other than the fact that journalists at a “conservative” outlet are just as clueless as other journalists about what an AR-15 is) is his response to a question about whether he and his agents will intervene when witnessing a crime in progress. Chief Boyer responds, “We have to. We have a contract to protect our clients and our client’s assets.”

As I have noted previously, the fact that voluntarily hired security has a contractual obligation to provide services to the people who pay them is in stark contrast to government police. On multiple occasions, the US Supreme Court has opined that US citizens have no constitutional right to police protection and officers cannot be held legally liable for failing to protect them. You must pay them under penalty of law, but they are not required to provide anything in return.

Also noteworthy is a comment the interviewer makes that “the number one job of the government, whatever level, whether federal, state, local, is to keep their citizens safe. So, if you’re hiring an outside agency that’s a clear indicator that government is failing its people.” Regarding the first part of that statement, Judge Andrew Napolitano would strongly disagree: it is not the job of the government (if it is to have any job at all) to keep you safe but rather to keep you free.

Regarding the second part of that statement, the interviewer gives far too much credit to the government. To say categorically that any hiring of private security means the state is failing to do its job assumes godlike powers on the part of the state. As mentioned above, it is wrong to assume that the state’s threat of capturing and punishing lawbreakers is primarily responsible for the peace and orderliness we enjoy under normal circumstances. Perhaps since there are an estimated three to four people employed in private security for every government police officer, the Fox News interviewer would consider this proof that the government cannot do its number one job and is unfit to exist.

Car theft is not only a major issue in Philly but in Portland, Oregon, as well. Both cities are experiencing historic highs in crime. In response to the explosion of car theft in Portland, a Facebook group named “PDX Stolen Cars” was formed to crowdsource locating stolen vehicles. According to the founder of the Facebook group, Titan Crawford, “I had found a stolen car in my neighborhood. I knew it was stolen. I contacted the police and they said there’s not a whole lot we can do right now. So I was like, ‘Well see if I can do something.’”

Mr. Crawford has been disillusioned with the idea that the government is the ultimate protector of property rights: “It would be cool if the city could do this and I didn’t have to.” I imagine many people thought the same thing about government schools. Fortunately, an increasing number of parents are able to get some of their tax money back to send their kids to a school of their choice. Instead of being taxed to pay for police services, they don’t receive, perhaps some residents of Portland would be interested in “police choice.”

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