The Bill for Justice:
Who Should Pay It?

by Benjamin R. Tucker

From the magazine Liberty Vol. IX. No. 49. 1884.
benjamintucker

My friend Yarros has an article in favor of free justice in the February number of the "American Journal of Politics." The truth is that there never can be any justice except that which is free. The moment that justice must be paid for by the victim of injustice it becomes itself injustice. But it also becomes injustice the moment that it is paid for by any one else, except the doer of the injustice. The cost o f instice can be justlv paid only by the invader. In cases where he cannot be made to pay, injustice is a necessity.

How the consequent burden shall be borne 18 a matter for agreement solely. If B and C agree that, whenever either is wronged by A, they will bear equally the cost of attempting to force A to right the wrong in case the attempt fails, why, well and good! But, unless B and C do so agree, it is unjust for either of them, when wronged by A, to impose any part of the burden upon the other. The question of the free administration pof justice can be settled only by the abolition of compulsory taxation. When associations for the administration of justice are voluntary and supported entirely by voluntary contributions(except so far as they are supported by the compulsory contributions of the criminals), free administration of justice will be adopted if it is found to be expedient; but so will free cabs, free schools, and free groceries, if these, under liberty, are found to be expediant. In a condition of Anarchy free schools may be as good as free administration of justice; in a condition of Archy free administration of justice is certainly as indefensible as free education. In the latter case it is comuplsory cooperation for defence, to which all Anarchists must object.

Whether each shall pay for what he gets, or whether each shall help himself out of the heap as the Kropotkinians say, is a question of expediency, provided all is voluntary. Generally speaking, the specific plan is better than the communistic; but there are exceptions to the rule. The administration of justice may or may not be one of them. One thing, however, is sure - that in all cases the effort should be to impose all the cost of repaining the wrong upon the doer of the wrong. This alone is real justice, and of course such justice in necessarily free.

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