Aggression insurance
Encyclopedia
Aggression insurance is a concept in anarcho-capitalism
under which, rather than having a civil authority
provide security of life, liberty, and property, individuals would buy insurance
to cover damage caused by others' aggression. A legal right would exist for a victim to collect damages from an offender; upon filing a claim and collecting money from the insurer, the right to restitution
would be subrogated
to the insurer, who would then have an incentive to find the offending party and demand restitution.
Proponents of this system argue that a victim would have a stronger incentive to report crimes, and that an insurer would have a stronger incentive than a civil authority to collect from the offending party and repay the victim for damages while reducing collateral damage
and maximizing loss prevention
. Moreover, proponents claim that insurers would guide citizens in the direction of purchasing effective countermeasures against aggression
, by offering lower insurance premiums for reduced risk of claims.
Opponents of aggression insurance argue that such a system may harm or remove the notion of impartial justice
by providing insurers incentive to always seek restitution rather than analyze whether restitution is warranted. Opponents also express concern over the possibility of those without such insurance having basic rights go unprotected.
Anarcho-capitalism
Anarcho-capitalism is a libertarian and individualist anarchist political philosophy that advocates the elimination of the state in favour of individual sovereignty in a free market...
under which, rather than having a civil authority
Civil authority
Civil authority is that apparatus of the state other than its military units that enforces law and order. It is also used to distinguish between religious authority and secular authority...
provide security of life, liberty, and property, individuals would buy insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
to cover damage caused by others' aggression. A legal right would exist for a victim to collect damages from an offender; upon filing a claim and collecting money from the insurer, the right to restitution
Restitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...
would be subrogated
Subrogation
Subrogation in its most common usage refers to circumstances in which an insurance company tries to recoup expenses for a claim it paid out when another party should have been responsible for paying at least a portion of that claim....
to the insurer, who would then have an incentive to find the offending party and demand restitution.
Proponents of this system argue that a victim would have a stronger incentive to report crimes, and that an insurer would have a stronger incentive than a civil authority to collect from the offending party and repay the victim for damages while reducing collateral damage
Collateral damage
Collateral damage is damage to people or property that is unintended or incidental to the intended outcome. The phrase is prevalently used as an euphemism for civilian casualties of a military action.-Etymology:...
and maximizing loss prevention
Loss prevention
Retail loss prevention is a form of private investigation into larceny or theft. The focus of such investigations generally includes shoplifting, package pilferage, embezzlement, credit fraud, and check fraud...
. Moreover, proponents claim that insurers would guide citizens in the direction of purchasing effective countermeasures against aggression
Aggression
In psychology, as well as other social and behavioral sciences, aggression refers to behavior between members of the same species that is intended to cause humiliation, pain, or harm. Ferguson and Beaver defined aggressive behavior as "Behavior which is intended to increase the social dominance of...
, by offering lower insurance premiums for reduced risk of claims.
Opponents of aggression insurance argue that such a system may harm or remove the notion of impartial justice
Equal justice under law
"Equal justice under law" is a phrase engraved on the front of the United States Supreme Court building in Washington D.C. This phrase was apparently first written in 1915 by the architectural firm that designed the building...
by providing insurers incentive to always seek restitution rather than analyze whether restitution is warranted. Opponents also express concern over the possibility of those without such insurance having basic rights go unprotected.
External links
- Hoppe, Hans-Herman, The Private Production of Defense, See p. 38