Jason Kuznicki has some remarks spinning from a previous post of mine on Jim Anderson extended blog-based discussions on the ethics of vigilante activity. Here is Mr Kuznicki’s post. Here’s the post of Mr Anderson’s to which he refers and the original proposition and … for completeness my first post on this matter.
Mr Kuznicki offers:
To the extent that there must be laws (and only to that extent), the laws should be clearly expressed and regularly enforced. Laws that are unclear in their expression or irregular in their enforcement allow the legislators and law enforcement agents too much leeway. They give the state too much power. They also sap private initiative, because it’s important for private actors to have some reasonable expectations of how the state will behave in the future.
What this leaves out, and what one might have expected to have been the case in part in the Western folkway, is what is the case (even in the idealized “paradise” situation) in which the state has laws which it expects citizens to enforce. Consider the example of personal assaults in an idealization of the Western folkway. In the first case, of personal assaults such as battery or rape, the statutes and penalties against such things were minimal. A likely reason for this is that it was expected that individuals and their families would “take care” of such insults themselves. Now this led on occasion of course to the much celebrated mountain feuds between Western folkway clans in which the insult to one family matter would be “handed” in a way that the original injured party found excessive and responded in kind … leading to a never ending chain of responses. However, my guess would be, not having studied the matter, that feuds of that type were the exception not the rule. That most of the time the culture/society had a shared understanding within the society of a reasonable response and meeting that was the norm. Read the rest of this entry
