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Prosecuting took a lot of time and money and was generally a thankless task.
They do encounter the same problem as the Gypsies: can you just commit a crime, then accept your ostracism and integrate with another society somewhere else?Maybe you live in a strato-klepto-kakocracy run by warlords who can’t even pronounce “jurisprudence”, let alone enforce it.Maybe you’re a despised minority group whom the State wants nothing to do with, or who wants nothing to do with the State. Medieval Icelandic crime victims would sell the right to pursue a perpetrator to the highest bidder.18th century English justice replaced fines with criminals bribing prosecutors to drop cases. Maybe a state-run legal system isn’t a fact of nature, but a historical oddity as contingent as collectivized farming or nationalized railroads.The gypsy view of gaije, reinforced by the gaije view of gypsies as uneducated and illiterate thieves and swindlers, eliminates the exit option and so empowers the kris to enforce gypsy law by the threat of exclusion from the only tolerable human society.
This reminds me of The Use And Abuse Of Witchdoctors For Life: once your culture has a weird superstition, it can get plugged into various social needs to become a load-bearing part of the community structure.
Somali judges compete on the free market; those who give bad verdicts get a reputation that drives away future customers. Legal Systems Very Different From Ours, by anarcho-capitalist/legal scholar/medieval history buff David Friedman, successfully combines the author’s three special interests into a whirlwind tour of exotic law. Crime victims have little economic incentive to punish the perpetrator; if you burn my house down, jailing you won’t un-burn the house.
“Anarcho-capitalism” evokes a dystopian cyberpunk future. If you steal my gold, I have some interest in catching you and taking it back, but no more than I do in catching some other poor shmuck and taking his gold.
Each congregation will have its own rules, especially about which technologies their members are or aren’t allowed to use.
Amish people who violate their congregation’s rules, either by using forbidden technology or by the usual litany of sins, are punished with public confession or temporary ostracism.
And since non-Gypsies are polluted by default, the possibility of ostracism and forced integration into non-Gypsy society will seem intolerable: The effectiveness of that threat [of ostracism] depends on how easily the exiled gypsy can function outside of his community.