Over at "Letters from a Tory", the question has been posed, how would libertarians have protected BabyP. It is something I thought about quite a lot when the story first broke and I've written a long response to LFAT in the comments there. But I thought it was worth posting in its own right:

I go further, in theory at least, than even LFAT's definition of libertarianism (as one who believes the state should enforce the law). I am more of an anarchist. Though people often misunderstand that as meaning absolutely no controls on what people do and no institutions to enforce them. That is wrong; anarchists would say that in doing away with government other structures, such as a “private law society ”, would emerge that are more consenual and explicitly contract and economic incentive driven. Also anarchism rests on the core belief in self-ownership and that everyone has the right to do as they please insofar as it does not affect another’s ability to do the same.

I did think quite long and hard about how the BabyP case ought to affect that perspective. The first thing I found is that there are at least another couple of dozen incidents of the death of a child (half under one and most by parents themselves) in “child cruelty” type incidents (rather than accident or bizarre whole family suicide type incidents I assume) every year in Britain. In other words, BabyP is not the unique case that the (quite justified) moral outrage it has generated seems to suggest. Maybe it’s mostly because Haringay is seen as having “form” on this issue after Climbie. It's a "good story" that "social services gets it wrong again". Not such a good story that at least another two dozen are going on every year around the country and nobody seems to care!

But the message is that whatever various social services and child protection agencies do know they “fail” a lot more than they’re telling us. My suspicion is that this is down to most other cases being completely under the radar of the state protection apparatus until it’s too late (and if so - what use are those state agencies if they are unable to prevent the most egregious abuse because they cannot see it coming?). Determined sadists are often quite good at covering their tracks. Just look at both Fritzl in Austria and our own version in Sheffield the other week. We can be shocked and say someone must have noticed that level of abuse even with the most determined concealing by the perps, but no. It happens and nobody managed to stop it or even recognize it.

Also, even in an anarchist worldview, the care of a child is something that is a joint trust between parents and the rest of society - society would have ended up paying for the effects of his tortured life, as Martin Narey (deliberately) controversially said, if he had grown up to become a “feral yob”. Indeed, as Guido says in the comments on LAFT's post, our welfare and benefits systems include some level of perverse incentive for people to have children who probably shouldn’t; or at least shouldn’t at a point in their lives when they can barely support themselves.

At the moment then we “contract out” to effectively disinterested parties (the state - who get paid in reality whatever the outcome and only get into any bother at all in the most egregious and publicly visible cases of failure) to carry out a function more properly suited to much more local, neighbourhood, and more importantly family, scrutiny. Where, in a “market anarchist” worldview, ought such oversight to lie? Can we imagine on whom there would be an economic incentive to ensure as far as is possible the safety of someone else’s child?

As others have mentioned, institutions such as the RSPCA (though I think they have been ceded too much power often) and the RNLI, already carry out an effective job in their respective fields. Something like the NSPCC would emerge as the champion of the most vulnerable in the last resort and would in a private law society be likely to take action to defend the “self-ownership” and freedom from aggression and coercion of a child, even against its parents (if it became apparent). Should a hospital say even allow a child born to someone who has not the means or willingness to make proper provision for bringing up a child (which could probably be evidenced from their pre-natal attitude or lack of attempt to make provision) to be taken home in the first place without much more scrutiny as to how good care they’re going to get?

Remember too, that we believe that in the absence of state-capitalism and the grossly distorted playing field that creates through privilege and patronage to the detriment of the poorest, even those poorest would be better equipped economically to make provision through friendly societies and such like for health care and so on. So I’m not suggesting that the poor should not be allowed to take their babies home. Just that in such an environment it would probably be more noticeable, not less, as to which parents had even made an honest attempt to make provision or establish a support network of family first, community second and paid for assistance third, and perhaps the economic incentive might fall on the delivering hospital at least to ensure that such prima facie support was available. They could then even at that early stage alert an organization such as NSPCC or find themselves on the receiving end of a negligence claim if anything bad happened.

Finally (I think), in such a more human scale society, I suggest it would be easier, not harder, for friends and neighbours to intervene earlier. It is in most of their economic interests often too not to be supporting or fostering in their midst the sort of home circumstances in which these sort of psychotic evil doers can function with impunity. Would the mother’s partner’s sadistic friend really only have been a problem for the child? Would not neighbours and other family members have an interest in ensuring they were driven from their midst? At the moment everyone is too tied up in making ends meet in an unfair world perhaps to care too much what happens next door until it spills over more obviously into their lives.

In summary, I’m not sure I can see how in an anarchist, private law type society, it could be any worse than relying on the economically disincentivised civil servants to whom we contract out our social and neighbourly awareness “duties”. And the altogether more humane, less oppressed society that ought to result from such freedoms may well be able to intervene earlier and more consensually in order to protect their own interests as well as those of the child.