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VIGILANTE JUSTICE

Wednesday, February 13, 2008



Vigilante Justice: Justified?
Sparked in large part by the recent release (and viewing) of movies such as The Brave One and Death Sentence, I thought I’d take a slightly closer look at the idea of vigilante justice in modern society.

First, what is vigilante justice? By definition, it’s a person or group of persons who take “law enforcement” into their own hands, as they feel official forms of regulation are inadequate. I use quotes for “law enforcement” because it’s kind of hard to enforce laws such as preventing murder when you’re murdering people as you see fit. Perhaps a better definition to work off of would be to define vigilantes as those who decide write and wrong, and act as judge, jury, and executioner in one fell swoop. This is the typical view of the vigilante, and that’s the assumption we’ll work on the rest of this article.

Vigilantism, whilst usually looked down upon, is in reality probably closer to how society used to work, when we were fewer and smaller in number. The members of society would act as the law & the enforcers, and those that were in violation would receive quick and decisive punishment for their actions. We’re not talking 100 years ago, not even 200 years ago, we’re talking basic civilizations, formed around huts & hunting parties. In these closer-knit communities, those who did not abide by the standards were a realistic threat to the survival of the whole troop. And time spent debating the issue or filing paperwork is time left to the perpetrator to continue actions unsuitable to the tribe.

So how did we go from vigilante as a way of social preservation to shunned? With the advent of larger and larger civilizations, enforcing order across sometimes large geographical boundaries, it becomes necessary to codify rules, write them down and spread the same enforcement across the entire region. However this introduces a certain waiting period. If laws are complicated enough that we have specialized services supporting them and identifying them, then we can say that the laymen are typically not equipped to navigate the myriad codes used to uphold their society in order. So we pass off judgment to these special entities, which require procedure for the protection of the individual from false prosecution (add transparency as well). This procedure produces a lag time between infraction, judgement, and punishment.

Now we have a system that is theoretically capable of handling a much larger social base, ensuring that “justice” is served despite all else. Since each person is unable to be the judge, and attempts at such behavior themselves stand to prove an infraction of the code, average citizens are more apt to leave the perpetrator to suffer their punishment.

Well in a perfect world, of course infractions would never happen. In a slightly less perfect world, the system devised to keep order and punish those who infringe on the rights of others would do so swiftly and “justly.” And indeed, it’s this less-than-perfect world we strive for with our system. As such, vigilante justice is frowned upon as breaking the covenant that the
system is right, and breaking from that could lead to the widespread unravelling of society as a whole.

This is not a superficial fear, it is very real, in a sense, as society
is by and large tied to adherence of the many to the rules of few.

And with that in mind, it is easy to see why vigilantism could be frowned upon. It’s the essence of destroying the system. It’s in a way, anarchy. I would doubt that vigilantes see themselves as anarchists, I would imagine that they are driven to seek the proper ends for their targets as they see fit, but the problem lies in the fact that that it is hard to balance their desire for “right” with the need to conform in order to survive. For at its heart, vigilantism is about the swift insurance of survival by the few. However, our social norms are dictated by the survival of the whole, and by extension, the very system.

This is not necessarily a bad thing, and as of yet we’ve yet to cover
why vigilantism exists as an idea. If the system works, all should be fine. If the system works…

The problem arises when the system fails or is seen to fail. Now we have a case where the people don’t have faith in the system, and feel that “justice” will not be served. Vigilantism evolves from the fear of the few that the system has become powerless to help them. If you can’t turn to the cops (because they’re crooked or too busy to worry about your petty life), then what do you do? Who do you turn to? You turn to yourself and perhaps others like you: you take matters into your own hands. You find the bad guys and girls. You punish them. You give them the judgement that the system was too bogged down to offer. You tell yourself that this is “right,” and had the system not failed, this is the end it would have come to. You seek not reparation, but rather you seek the execution of judgement on those who are deemed nefarious. You seek punitive action.

It’s not a matter of whether systematic justice or vigilante justice is better than the other. Each has a place, and vigilante justice is merely named and connoted in such a way as to express that it’s the antithesis of the systematic approach. In reality, it’s only an issue if you value the systemic lifestyle. Then you have to question, if vigilantism ever really justified?


MAYBE YES
I would say that in large part, the issue stems from what I would call the number-one problem facing the world: overpopulation. Too many people. Yes the system works, but only for so many people. The same as a freeway is a fast transit system, up until it hits a certain threshold. When the justice system was devised, population was far less, and judgement by your peers was a good idea. You were alloted a fair trial, and judgement awaited those who had wronged. But as the society grows, the number of nefarious acts grows with it, however the system does not grow at the same rate. Now, you have the same pipeline, yet you’re trying to process. The reason that people go and see movies like The Brave One and clap is that they feel the pangs of the reality that may be: that the system itself, while designed to protect the constituents, has lost any sort of empathy for the people it’s designed to protect. Thus, so bogged down in their own paperwork, once people become a file number, there’s less internal incentive to help out anyone. The justice system becomes a large cesspool of people hating the work they do, processing files, each not unlike the one before or after it, and the desire to help people – the original pull of the design – has faded.

And the awareness of this is not limited to just average citizens. I would say it’s a fair bet that the people concerned with less-than-stellar activities are fully aware as well. You see it on TV, you see it in movies, the talk about how it’ll only be “2-3 years before you’re back on the streets.” It’s no secret the system is overrun, and as such the baddies have figured out how to work it.

So if the system can be gamed, then who’s really safe? That’s the mentality of many who feel vigilantism is justified. If no one’s safer by way of the system, then something needs to be done to safeguard themselves & others. Perhaps they can be the upholders of peace and justice…

If a vigilante takes matters into their own hands, and word gets out? If the bad guys don’t fear the system as a method of punishment, surely they fear swift, decisive justice that may be levied by any one person
on the spot. This is the hope. And there’s truth to it, as well. It’s also the mentality behind the idea that “a gun-toting society is a polite society.” Because, if you are facing certain death at each moment for ill-behavior, chances are ill-behavior will be less likely. Don’t believe me? While riots do happen at prisons, by and large they are few and far between, because they are captives at gunpoint, and ill-behavior towards the gun-toters results in severe consequences. There’s a reason the guards have guns, after all.

Ask yourself a question: If you watched a loved one killed mercilessly, would you be satisfied that the murderer was sentenced to prison, would that be justice enough for you? This wasn’t an accidental death, it was deliberate. Would you be OK to see them live, 3 meals a day, clothed, bedded, and washed? Whilst your loved one is no more? Maybe you answer yes, maybe you answer no.

Would you be able to say that those who threaten others’ safety for the sake of material goods deserve to be “taken care of,” with soft comfy prison beds? If you were accosted yourself or watched someone else be accosted, threatened, possibly injured so that someone could take for themselves what was not rightfully theirs, would you be OK with letting it slide, saying “we’ll just report it to the cops,” and let them deal with it? What would you do, if knowing that the perpetrator was going to hold a grudge,
and be back on the streets shortly to seek their revenge? Maybe you say yes, maybe you say no.

This is how the vigilante thinks. The bad guys are going to do it anyway, so why not seek
actual justice? Rather than rely on a system that is not able to protect you, protect yourself. Stop the bad deeds. Stop the perpetrators as they attempt their deeds. Let word spread, let fear spread throughout the kingdom of criminals that their next underhanded act may be their last. Let them guess who’s going to give them their “comeuppance,” let that thought roll around in their heads, and feel the shift of power go from those that subdue the will of the average joe, to the average joe who is willing to take matters into their own hands.

And why not? I’d have answered “no” to both questions above, myself. I would be more than willing to give to someone else immediately what they would have given to others, or myself. People push others around because they can get away with it. Stop them from getting away with it, and suddenly the pushing-around goes away. I venture to say that for a large majority of criminals, they engage in that behavior because they can get away with it. They are willing to suffer the consequences of their actions if they have to, but what the average joe fails to realize is that these people don’t want to work for middle-class, when they can non work at all and still have low-class. And their punishment, should they ever get caught, is to get stalled through a system that will more than likely put them back onto the streets to act again in short order, or “put them away” for a slightly longer time, during which they will get to hang out with all their friends who got caught, too. It’s a world that we don’t know, and a world that we can’t know. We have higher expectations, and the fear of that world keeps us from subverting the rights of others in most ways, as to avoid seeing the realities of it. Our platform is shaky, and too much study may reveal its flaws.

So vigilantism could be seen as a way of the average citizen to shift the balance of power back to those who would otherwise obey the rules. After all, the system was designed to protect those who would otherwise not really contemplate infringing on others. We don’t make rules to punish good people, we make rules to keep those that might toe the line from stepping over it. We outline consequences so that we can show those that would otherwise try to subdue the basic and natural rights of others what will happen should they follow through with their conceived actions. And if the system fails to provide what it’s supposed to provide, namely a deterrent for the nefarious, then why not adopt a different system? Why not give the power back to those that define society, those for whom the social structure was created? Those that play by the rules? Why not vigilantism as savior? Why not?


MAYBE NO
The single issue with vigilantism as savior is that it’s as flawed as the system it bucks. Looked at critically, it’s philosophically and logically faulty, namely falling prey to the slippery slope. If I judge that you are bad and need to die, who’s to say that you cannot judge me the same way? Who’s to say which person really broke society’s standards? Only society, collectively, and one man or woman is not, by those standards of definition, capable of such a feat. And if you can judge me immediately, then who’s to say that you cannot be judged immediately? Surely enough, if everyone took vigilante justice to heart, walking around passing judgement at their whim, what would be left? Society would crumble as anarchy set in. Hell, if everyone took up vigilantism as savior, it would be the definition of anarchy, as everyone set their own rules, and simply offed everyone that did not conform to them, until they themselves were offed.

At which point, those few left behind would naturally decide to put down their arms, and develop some sort of system, a fair system, to make judgement calls as to whether society’s values had been trampled, and what to do about it. All this, to avoid the savageness of “vigilantism” in full swing. And suddenly, we’d have a system once again in place, to keep the average joe safe from his peers…


THE REAL DRAW
Our society’s fascination with vigilantes is strange yet logical. On the one hand, one would question why we are drawn to a way of achieving justice that is no more than an action. After all, vigilantism is really just the tool of execution being wielded by those who feel they are qualified to judge by society’s standards. They feel they are “right,” and subsequently their immediate judgement is as it should be. On the other hand, assuming that someone who does conform to society’s standards of right and wrong is wielding the tool, then yes it does serve to strike fear into the proper hearts, and shift balance to the more-good of society from the more-bad of society. This is good, and is the main goal of those actively pursuing its ends or those merely fascinated with its agents.

And that in essence is what the draw is. We want to seek out true justice, and we like to look at the positives of vigilantism, ignore the bad, and combine that with the good our our system, to cover up the inherent bad it contains as well. To imagine taking up the social reins, having agents of the system that
are qualified and capable of immediate judgement, and then to dole out that justice accordingly. Indeed when we are presented with these stories – real or fictional – we don’t imagine that someone is hampering justice with their actions; that’s not justice, that’s criminal, after all, which really I think shows the ends we’re after, and vigilante justice is a way for us to imagine, at least, escaping the boundaries & faults of our typically-preferred system, and instead install the positives of another in their place.


THE REAL ISSUE
The real issue lying beneath the surface is one of philosophy. Who is right, and how is that defined? There are a rather lot of philosophical ideals that can be used as guide, such as libertarianism, utilitarianism, etc. How do you define what’s “right” and “wrong,” and and what to do about it?

I personally believe that numbers make right. It’s about numbers. Social norm, right and wrong, are merely defined by what the majority of the society in question believe it to be. Standards change over time, and surely the voice of view can influence the thoughts of many, but that does not preclude the overreaching notion that social norms are defined by the desire of the many. If more people than not believe cannibalism is wrong, then society will define that as a bad practice and define rules and punishments about it. If society decides that cannibalism is right, then they will again define rules and punishment around it, though not in a negative fashion “Billy, why aren’t you eating your father? No uncle unless you finish your dinner”).

Thus, “vigilante” could be seen as most definitely a great thing. After all, we term them vigilantes only if they are doling “justice” as we define it onto the criminals we feel deserve what they got. Were news of this person’s actions to not fit with our sense of moral right, then we would not term them vigilantes, but criminals or gang members. As the saying goes, “one man’s patriot is another man’s terrorist,” and I would say that the ideal there applies here. To those served by the agent, most definitely they’re not vigilantes giving out justice, but criminals infringing on their right to survive. To the citizens fearing those served, our hero is given the title “vigilante.”


A SIGN?
More than anything, our fascination with vigilante justice shows that our system is indeed broken. It’s a sign that we have lost faith in our system to provide adequate and timely protection. To what extent it is broken is hard to say, but to try and say it is not is to ignore the signs, such as those lightly outlined here. What needs to be done to fix it, to restore confidence and take away the moniker of vigilante from the killers? What is required to get the regular folk to let the specialized individuals do the work, or to at least stop imagining about doing it themselves?

I can’t say. Well, as perhaps shown here, I am long-winded enough to do it, but the issue is so complicated and multi-faceted that in the time it would take for me to elaborate on all that needs fixing, writing would have gone out of style (
Web 2.0 seems to show it already has to an extent.) I have ideas, I have plans I think could work, but they are not little nut-and-bolt changes here and there, they require reworking things from the top down, to fully address the issues. Sort of cutting off the dragon’s head, so to speak, as any less leads to the same ends we have now.


THE HUMAN CONDITION AND CRIME & PUNISHMENT
One of the reasons we seem to spiral towards these sorts of entanglements is due to what I believe to be the “Wickedness of Man,” or more specifically, our ability to find a loophole and exploit it. Indeed, write a rule to stop a problem and create 2 more seems to be the way. For every rule that in codified to protect a “basic, fundamental right,” we create 2-3 or more misdemeanor violations. Each of these and their own violations ties up resources that could possibly be better used to tackle the real issue, the root reason the root rule was enacted in the first place. If only we could get beyond our seemingly relentless drive to find a way to outdo ourselves with language & definitions.


IN PARTING
There is no real answer to vigilante as savior, because the definition is too rooted in opinion. One’s vigilante is another’s criminal, and what side of the argument you find yourself on may change depending on circumstance. Perhaps today, you’re against the vigilantes, as they look to harm you or those close to you. Perhaps tomorrow that will change, and the agents acting will change as such to allow the definition to fit your desire. Perhaps your opinion, and subsequently your definition of the vigilante and even right or wrong, will change.

But if one were to ask me personally? Do I believe in vigilante as savior?

Yes. And no.