It has been brought up before, and occasionally, a new thread pops up on the subject.
Zenimax almost added something similar to the Justice System but changed their mind. It's probably mostly because the player base balked at it. Sure, not everyone did, but more than enough did. I doubt it was hard to sway their decision since when asked if a PvP flag system would be implemented, Rich replied, "No, at the very early stage of creating the game, when it was a concept, we made a strong-willed decision."