Third , Roy almost completely overlooks the power of ostracism. I believe ostracism could be used to punish criminals or to compensate victims, whereas Roy seems to believe violence must be used to accomplish these ends. 2 Roy does give ostracism a few passing nods. To show how I believe the state has crippled Roy s confidence that markets can supply law, I offer an analogy with a person who grew up in the Soviet Union, who has no confidence that markets can supply pencils. But, we who grew up where markets have long been free to produce pencils know it is simpler than that.
Pencils are available almost everywhere, in large variety, for a trifle.
The same would be true for ostracism in a free nation. Then he removes the state as an enforcer of law but he leaves in place all the acts of state which cripple ostracism. Now that is a sure way to create a picture of lawlessness. To be fair, Roy has lots of company. I believe most libertarians, including those whom he cites, join him in failing to notice the ways that the state eases crime by crippling ostracism.