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Military societies: self-governance and criminal justice in Indian country

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Listed:
  • Adam Crepelle

    (George Mason University)

  • Tate Fegley

    (University of Pittsburgh)

  • Ilia Murtazashvili

    (University of Pittsburgh)

Abstract

We argue that criminal justice institutions must be accessible to citizens, legitimate and have capacity to enforce law. Such was the case with the military societies of the Plains Indians: a system of criminal justice that predated the time of European contact and which remained a significant source of law and order in Indian country until the Indian Wars concluded at the end of the nineteenth century. Nonetheless, the federal government attempted to replace military societies with federal police starting circa 1850. Despite such attempts, we show that military societies remain an important institution for criminal justice on the contemporary Northern Cheyenne Reservation. When the federal government shirked on policing during the coronavirus pandemic, military societies took over important policing functions. This does not mean that traditional military societies should replace federal enforcement; rather, it shows that until the quality of federal policing improves, traditional institutions of criminal justice remain an important source of public safety in Indian country.

Suggested Citation

  • Adam Crepelle & Tate Fegley & Ilia Murtazashvili, 2024. "Military societies: self-governance and criminal justice in Indian country," Public Choice, Springer, vol. 199(3), pages 367-385, June.
    • Handle: RePEc:kap:pubcho:v:199:y:2024:i:3:d:10.1007_s11127-022-01004-1
    DOI: 10.1007/s11127-022-01004-1
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    1. Avner Greif, 2006. "History Lessons: The Birth of Impersonal Exchange: The Community Responsibility System and Impartial Justice," Journal of Economic Perspectives, American Economic Association, vol. 20(2), pages 221-236, Spring.
    2. Peter J. Boettke & Christopher J. Coyne & Peter T. Leeson, 2015. "Institutional stickiness and the New Development Economics," Chapters, in: Laura E. Grube & Virgil Henry Storr (ed.), Culture and Economic Action, chapter 6, pages 123-146, Edward Elgar Publishing.
    3. Peter T. Leeson, 2007. "Anarchy, Monopoly, and Predation," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 163(3), pages 467-482, September.
    4. Douglas W. Allen & Yoram Barzel, 2011. "The Evolution of Criminal Law and Police during the Pre-modern Era," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 27(3), pages 540-567.
    5. McChesney, Fred S, 1990. "Government as Definer of Property Rights: Indian Lands, Ethnic Externalities, and Bureaucratic Budgets," The Journal of Legal Studies, University of Chicago Press, vol. 19(2), pages 297-335, June.
    6. Boettke, Peter J. & Lemke, Jayme S. & Palagashvili, Liya, 2016. "Re-evaluating community policing in a polycentric system," Journal of Institutional Economics, Cambridge University Press, vol. 12(2), pages 305-325, June.
    7. Benson, Bruce L, 1994. "Are Public Goods Really Common Pools? Considerations of the Evolution of Policing and Highways in England," Economic Inquiry, Western Economic Association International, vol. 32(2), pages 249-271, April.
    8. Rosolino A. Candela & Vincent J. Geloso, 2018. "The lightship in economics," Public Choice, Springer, vol. 176(3), pages 479-506, September.
    9. Anderson, Terry L & McChesney, Fred S, 1994. "Raid or Trade? An Economic Model of Indian-White Relations," Journal of Law and Economics, University of Chicago Press, vol. 37(1), pages 39-74, April.
    10. Leeson, Peter T., 2020. "Logic is a harsh mistress: welfare economics for economists," Journal of Institutional Economics, Cambridge University Press, vol. 16(2), pages 145-150, April.
    11. Umbeck, John, 1977. "The California gold rush: A study of emerging property rights," Explorations in Economic History, Elsevier, vol. 14(3), pages 197-226, July.
    12. Tyler Cowen & Daniel Sutter, 2005. "Conflict, Cooperation and Competition in Anarchy," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 18(1), pages 109-115, January.
    13. Olson, Mancur, 1993. "Dictatorship, Democracy, and Development," American Political Science Review, Cambridge University Press, vol. 87(3), pages 567-576, September.
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    More about this item

    Keywords

    Criminal justice; Self-governance; Traditional institutions;
    All these keywords.

    JEL classification:

    • B52 - Schools of Economic Thought and Methodology - - Current Heterodox Approaches - - - Historical; Institutional; Evolutionary; Modern Monetary Theory;
    • H12 - Public Economics - - Structure and Scope of Government - - - Crisis Management
    • H71 - Public Economics - - State and Local Government; Intergovernmental Relations - - - State and Local Taxation, Subsidies, and Revenue
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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