I have been slowly reading the Problem of Political Authority by Michael Huemer during my lunch breaks and so far I’ve had minor criticisms here and there, but it wasn’t until recently I came across something that made me feel like ranting in a blog post. To be fair, I have yet to finish the book so it’s possible I could be missing something.
For those unfamiliar with this book, it primarily argues in favor of anarchy, specifically of the variety of anarcho-capitalism. When it comes to criminal acts, Huemer favors monetary restitution to victims, except in the most severe circumstances in which being sentenced to life in a workcamp or the death penalty may be more desirable. And again, to be fair, this may not be something Huemer endorses himself, but could possibly be an attempt to give any kind of example that would potentially be more favorable towards justice than how our current society operates. I however still disagree with the example, and in some ways it would create more injustice. I will use the crime of rape to explain how this could be, although I’m sure it’s not the only type of crime that could be used to show how his example could be a problem.
In instances of rape, I’m sure there are bound to be disagreements on whether victims deserve monetary restitution only or if perpetrators should be treated more severely. In either case, I have issues with how they should be treated under Huemer’s example.
In cases in which victims only receive monetary restitution, it will lead to people believing that anyone is basically for sale, at least for anyone wealthy enough to be able to afford it. It won’t be seen as a fine, or restitution to a person for a harm that has been committed, but rather the cost for engaging in a certain behavior, and for some that cost would be worth it. This is especially horrifying when thinking in terms of sexual assault and rape, and is an affront to victims of sexual violence.
One could then move towards isolating perpetrators by placing them in workcamps, but then they would still be a risk to others. Criminals should not be sexually violated, and if they were, how would they get justice under this proposed plan? There would be the option of the death penalty, but that has problems of its own, which I will not get into as I don’t have the time, but with the exception of hardcore advocates of the death penalty I’m sure most people will already know and understand what those are.
All this is not to say I agree with the current set up either, which has a multitude of problems in dealing with rape, but this is in no way better. I would even lean towards saying that it’s much worse.