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Amish people who refuse to abide by lesser punishments are excommunicated, though they can be un-excommunicated if they change their minds and agree to follow the court’s orders.Amish congregations are nominally democratic, but in practice Friedman calls them dictatorship-like because everyone votes the way the bishop wants.
Merchants, landowners, and other people with wealth banded together in mutual-protection-insurance-groups.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.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.Gaije, non-gypsies, do not know the marimé rules and so do not and cannot obey them.
It follows that they are all polluted, unclean, carriers of a contagious disease, people whom no Rom in his right mind would willingly choose to associate with; when and if such association is unavoidable it must be taken with great care.
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.
Of course, you can still leave the Amish community and go join broader American society. had a government, a court system, and some minimal law enforcement – but it really sucked.
There were no public prosecutors; anyone who felt like it could bring a criminal to court and start prosecuting him, but if nobody felt like it then the crime remained unpunished.
Gypsies traditionally believe in marime, a sort of awful pollution that infects people who don’t follow the right rituals; anyone who interacts with polluted people will become polluted themselves.