Anarchy and the Law

Anarchy and the Law : The Political Economy of Choice

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Private-property anarchism, also known as anarchist libertarianism, individualist anarchism, and anarcho-capitalism, is a political philosophy and set of economic and legal arguments that maintains that, just as the markets and private institutions of civil society provide food, shelter, and other human needs, markets and contracts should provide law and that the rule of law itself can only be understood as a private institution. To the libertarian, the state and its police powers are not benign societal forces, but a system of conquest, authoritarianism, and occupation. But whereas limited government libertarians argue in favor of political constraints, anarchist libertarians argue that, to check government against abuse, the state itself must be replaced by a social order of self-government based on contracts. Indeed, contemporary history has shown that limited government is untenable, as it is inherently unstable and prone to corruption, being dependent on the interest-group politics of the state's current leadership. Anarchy and the Law presents the most important essays explaining, debating, and examining historical examples of stateless orders. Section I, "Theory of Private Property Anarchism," presents articles that criticize arguments for government law enforcement and discuss how the private sector can provide law. In Section II, "Debate," limited government libertarians argue with anarchist libertarians about the morality and viability of private-sector law enforcement. Section III, "History of Anarchist Thought," contains a sampling of both classic anarchist works and modern studies of the history of anarchist thought and societies. Section IV, "Historical Case Studies of Non-Government Law Enforcement," shows that the idea that markets can function without state coercion is an entirely viable concept. Anarchy and the Law is a comprehensive reader on anarchist libertarian thought that will be welcomed by students of government, political science, history, philosophy, law, economics, and the broader study of liberty.show more

Product details

  • Hardback | 712 pages
  • 162 x 234 x 48mm | 1,079.54g
  • Taylor & Francis Inc
  • Transaction Publishers
  • Somerset, United Kingdom
  • English
  • New.
  • 0765803305
  • 9780765803306

Review quote

-Finally, a fit rejoinder to people who begin sentences with There ought to be a law' ...- P. J. O'Rourke, author, Parliament of Whores and On the Wealth of Nations -Scholars interested in scrutinizing the links between political and legal institutions will find Anarchy and the Law an invaluable resource.- Tom W. Bell, Professor of Law, Chapman University -The dynamics of government growth has proven that no matter how benign the original intent and no matter how limited their scope, government programs will eventuate in abuse and malignancy. Anarchy and the Law assembles key essays that embrace this view.- Ronald Hamowy, Professor Emeritus of History, University of Alberta, Canada -Anarchy and the Law is a breakthrough work, one which anyone interested in politics will find intellectually exciting.- Ralph Raico, Professor of History, Buffalo State College -Anarchy and the Law is a must read' for anyone open to ideas and interested in the preservation of liberty.- Thomas J. Nechyba, Professor of Economics, Duke University -Anarchy and the Law is an essential book on the theory and history of non-state' legal systems in which law enforcement is privatized, including essays by both proponents and skeptics.- Lawrence H. White, Friedrich A. Hayek Professor of Economic History, University of Missouri, St. Louis "Finally, a fit rejoinder to people who begin sentences with There ought to be a law' ..." P. J. O'Rourke, author, Parliament of Whores and On the Wealth of Nations "Scholars interested in scrutinizing the links between political and legal institutions will find Anarchy and the Law an invaluable resource." Tom W. Bell, Professor of Law, Chapman University "The dynamics of government growth has proven that no matter how benign the original intent and no matter how limited their scope, government programs will eventuate in abuse and malignancy. Anarchy and the Law assembles key essays that embrace this view." Ronald Hamowy, Professor Emeritus of History, University of Alberta, Canada "Anarchy and the Law is a breakthrough work, one which anyone interested in politics will find intellectually exciting." Ralph Raico, Professor of History, Buffalo State College "Anarchy and the Law is a must read' for anyone open to ideas and interested in the preservation of liberty." Thomas J. Nechyba, Professor of Economics, Duke University "Anarchy and the Law is an essential book on the theory and history of non-state' legal systems in which law enforcement is privatized, including essays by both proponents and skeptics." Lawrence H. White, Friedrich A. Hayek Professor of Economic History, University of Missouri, St. Louisshow more

Table of contents

Acknowledgments 1. Introduction Edward P. Stringham Section I: Theory of Private Property Anarchism 2. Police, Law, and the Courts Murray Rothbard 3. The Machinery of Freedom: Guide to a Radical Capitalism (excerpt) David Friedman 4. Market for Liberty (excerpt) Morris and Linda Tannehill 5. Pursuing Justice in a Free Society: Crime Prevention and the Legal Order Randy Barnett 6. Capitalist Production and the Problem of Public Goods (excerpt) Hans Hoppe 7. National Defense and the Public-Goods Problem Jeffrey Rogers Hummel and Don Lavoie 8. Defending a Free Nation Roderick Long 9. The Myth of the Rule of Law John Hasnas Section II: Debate 10. The State Robert Nozick 11. The Invisible Hand Strikes Back Roy A. Childs, Jr. 12. Robert Nozick and the Immaculate Conception of the State Murray Rothbard 13. Objectivism and the State: An Open Letter to Ayn Rand Roy A. Childs, Jr. 14. Do We Ever Really Get Out of Anarchy? Alfred G. Cuzan 15. Law as a Public Good: The Economics of Anarchy Tyler Cowen 16. Law as a Private Good: A Response to Tyler Cowen on the Economics of Anarchy David Friedman 17. Rejoinder to David Friedman on the Economics of Anarchy Tyler Cowen 18. Networks, Law, and the Paradox of Cooperation Bryan Caplan and Edward P. Stringham 19. Conflict, Cooperation and Competition in Anarchy Tyler Cowen and Daniel Sutter 20. Conventions: Some Thoughts on the Economics of Ordered Anarchy Anthony de Jasay 21. Can Anarchy Save Us from Leviathan? Andrew Rutten 22. Government: Unnecessary but Inevitable Randall G. Holcombe 23. Is Government Inevitable? Comment on Holcombe's Analysis Peter Leeson and Edward P. Stringham Section III: History of Anarchist Thought 24. Gustave de Molinari and the Anti-statist Liberal Tradition (excerpts) David Hart 25. Vindication of Natural Society (excerpt) Edmund Burke 26. The Production of Security Gustave de Molinari 27. Individualist Anarchism in the U.S.: Origins Murray Rothbard 28. Anarchism and American Traditions Voltairine de Cleyre 29. Civil Government: Its Origin, Mission, and Destiny, and the Christian's Relation to It (excerpt) David Lipscomb 30. No Treason: The Constitution of No Authority (excerpt) Lysander Spooner 31. Trial by Jury (excerpt) Lysander Spooner 32. Relation of the State to the Individual Benjamin Tucker 33. Freedom, Society, and the State: An Investigation Into the Possibility of Society without Government (excerpt) David Osterfeld Section IV: Historical Case Studies of Non-Government Law Enforcement 34. Are Public Goods Really Common Pools? Considerations of the Evolution of Policing and Highways in England Bruce L. Benson 35. Property Rights in Celtic Irish Law Joseph R. Peden 36. Private Creation and Enforcement of Law- A Historical Case David Friedman 37. The Role of Institutions in the Revival of Trade: The Law Merchant, Private Judges, and the Champagne Fairs Paul Milgrom, Douglass North, and Barry Weingast 38. Legal Evolution in Primitive Societies Bruce Benson 39. An American Experiment in Anarcho-Capitalism: The Not So Wild, Wild West Terry L. Anderson and P. J. Hill 40. Order without Law: How Neighbors Settle Disputes (excerpt) Robert C. Ellickson About the Editor and Contributors Indexshow more

About Edward Peter Stringham

Edward P. Stringham is professor of economics at San Jose State University and a research fellow at The Independent Institute. A member of the Executive Committee of the Society for the Development of Austrian Economics, he is the editor of Anarchy, State, and Public Choice.show more

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44 ratings
4.54 out of 5 stars
5 68% (30)
4 20% (9)
3 9% (4)
2 2% (1)
1 0% (0)
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