Friday, July 17, 2026

The Unique Product

     States, like men, have their growth, their manhood, their decrepitude and their decay. – Walter S. Landor

     Incentives and disincentives determine everything.

     Yes, I know that’s too strong a statement. But to put it that way makes it memorable, a mantra for the armchair analyst. He can chant it as he strives to understand some process that at first looks baffling.

     Franz Oppenheimer divided human action in pursuit of a goal into two categories: the economic means, which is characterized by production and peaceful trade; and the political means, whose determinant is the use of coercion: i.e., force and intimidation. For most of the past century, the economic means has steadily if grudgingly given way to the political means. This deserves to be studied far more deeply than it has been to date, for the political means is inherently parasitic. It does not produce; rather, it feeds on the production of others.

     The organization of the political means is the institution we call the State.

     The specifics of how States originate have varied across the millennia, but the conditions required for its persistence have always been what they are today: It must possess both the tolerance, however grudging, of the subject populace, and the acceptance of all forces sufficiently powerful and proximate to challenge it. I’ve written about the latter requirement on several occasions. Today, my focus is on the former one: specifically, what might cause a State to lose the tolerance of its subjects.

* * *

     The detail questions behind subjects’ tolerance of a State are simple:

  1. What “product” does the State offer us?
  2. Can we afford it?
  3. Is it “good enough?”
  4. If any of the answers to the above questions are negative, what would it cost to oppose and perhaps ultimately topple the State?

     The answers to those questions are never uniform and never static. They change according to time, place, and the identity of the person answering them. When the answers begin to coalesce in the negative direction, the State is at risk of rebellion.

     States claim to offer their subjects many things, but beneath them all is an offer of justice. Give the State the monopoly power to define and enforce justice, and thereafter the State will see to those duties. Those who seek to offend against justice will be pursued and punished; when possible, their victims will be made whole. That offer is the State’s basic product.

     In the usual case, subjects are not permitted to refuse the State’s product. Penalties are imposed upon those who try. The State is therefore not only a monopolist, but one that can enforce the acceptance of its product. That brings the price and quality of the product to the forefront. How good is the State’s justice, and how expensive is it over the long term?

     In the marketplace, vendors compete through price, quality, and their reputations. That allows many vendors to sell products that perform the same or greatly similar functions. The State’s product is qualitatively different.

     Competition is anathema to the State, for it must involve the loss of the State’s monopoly over the use of coercion. When a competitor arises, the State immediately moves to crush it. Should it succeed in doing so swiftly and without greatly disturbing its subjects’ tenor of life, it would represent its action as justice. Otherwise, the applicable terms would be insurrection, rebellion, or civil war.

     But a competitor to the State can only be potentially viable if it can outperform the State at its own game: justice. That is the incentive for the State to deliver on its promise of justice. The open and obvious non-provision of justice by States around the world is a curiosity of note.

* * *

     Inasmuch as States have been notably deficient in providing their subjects with justice, they must defend themselves from potential competitors who are willing and able to do the job. There aren’t many ways to pre-squelch competition. Probably the commonest approach is to deny potential competitors the means by which to compete: i.e., to outlaw the possession of weapons by anyone but agents of the State. It’s been widely tried, but it’s seldom worked.

     In one of the most dramatic cases of competition in the provision of justice, the Cosa Nostra, deeply analyzed in this essay, has evolved an approach of unsurpassed competitive effectiveness. In parts of Italy it commands more respect than the State. Yet the Cosa Nostra is more voracious than the State, and even more ruthless. Russia’s Bratva is organized along similar lines, and is similarly voracious and ruthless.

     Many States have been baffled by organized crime. They recognize the threat and move against it, but without much success. That they’re being out-competed and could redress the problem simply by fulfilling their promises of justice at a modest cost to their subjects seems not to occur to them. At least, that’s the gentlest explanation.

     Justice is a unique product. The State inevitably insists on being a monopoly provider, then proceeds to underperform ever more visibly as time passes. That incentivizes the emergence of competitors.

     When several organizations in a given locale simultaneously offer to provide justice, violence won’t necessarily produce a victor. Even the most powerful State can fail to maintain its monopoly. Sometimes the only possible resolution is a fragmentation into separate territories – “turf” is the usual term – involving agreements not to compete across territorial borders.

     This is the process that has produced our current world order, in which States compete with one another for territory and population. It also accounts for how and when new nations are born. That having been said, I shall leave all further inferences to my Gentle Readers.

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