How do some places with weak institutional capacity avoid being caught in the cycles of violence and criminality so often associated with African institutions in the ‘failed states’ literature? This paper exploits in-country variation in piracy incidence across different regions of Somalia to investigate how some territories with low state capacity can nonetheless deter piracy and provide relative order. We find that the usual explanation – state ‘failure’ in Somalia, compared with a reasonably functional government in Somaliland – does not withstand scrutiny. Somaliland's lack of piracy was not due to ‘strong’ state institutions, but can be attributed to the strength of a discourse that emphasises Somaliland's ‘inherent’ capacity for order against the disorder supposedly endemic to the rest of Somalia. The exploration of the discursive underpinnings of Somaliland's supposed ‘piratelessness’ has implications for understanding the relationship between state institutions, political order and violence, particularly where the state does not exercise a monopoly on force.