The law & economics of private prosecutions in industrial revolution England

Abstract Can the market provide law enforcement? This paper addresses this question by analyzing an historical case study: the system of private prosecutions that prevailed in Eng-land prior to the introduction of the police. I examine why this system came under strain during the Industrial Revolution, and how private clubs emerged to internalize the external-ities that caused the private system to generate too little deterrence. The historical evidence suggests that these private order institutions were partially successful in ameliorating the problem of crime in a period when public choice considerations precluded the introduction of a professional police force