Okay, let’s give this a shot!
The way I see it, reputation ultimately still cannot overcome force. If it's just one violent person, then ostracism by the rest of society will work. But what if this person gets a whole group of people to join him in using violent force?
Well, keep in mind that you will still have the right to defend your property yourself. In the event that a known violent criminal accosts you, and you happened to use force in your defense (say deadly force even), it is highly likely that a private judge would find you innocent of any wrongdoing. Now, I won’t say that a large criminal gang is impossible in such a system, but I would say that it’s unlikely. Such a gang would have to be completely vertically integrated to supply literally all of its needs. I mean, even Tony Soprano still had a regular non-mafia psychiatrist, right? I guess the creation of a TES style “thieves guild” would be possible, but I would say highly impractical.
Well, they'd have to use force to keep them out. These people have already proven that they don't respect another person's rights, so why wouldn't they just walk where they chose if not opposed by an application of force?
Once again, you would be allowed to use force to defend yourself and your property, so long as the force used was commiserate with the threat, as decided by a private judge or arbitration court.
But it sounds to me you'd advocate having them be forced to stay in the woods or something, assuming there even are woods not privately owned at that point.
Basically, yes. Although keep in mind, this is a voluntary choice. If they CHOOSE not to check themselves into a prison, they would have to find some unowned land to occupy. It’s possible such land may still exist, but it would be like, completely barren and unhospitable places in like the Mojave desert or something. Keep in mind that banishment was a common punishment among early human societies, and depending on the location, was often the equivalent of a death sentence. If you live in the jungle and get banished from your tribe, the odds of you surviving on your own in the jungle for any significant amount of time are somewhat low.
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SmartMuffin - Because anything less would be uncivilized - http://img.imgcake.com/smartmuffin/barkleyjpgde.jpg
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