1st Edition

Anarchy and the Law
The Political Economy of Choice

ISBN 9781412805797
Published December 15, 2006 by Routledge
714 Pages

USD $51.95

Prices & shipping based on shipping country


Book Description

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.

Table of Contents

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.:
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
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

View More