Anarchy and the Law : The Political Economy of Choice

Anarchy and the Law : The Political Economy of Choice

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  • 製本 Hardcover:ハードカバー版/ページ数 698 p.
  • 言語 ENG
  • 商品コード 9780765803306
  • DDC分類 340.115

Full 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.

Contents

Acknowledgments1. IntroductionEdward P. StringhamSection I: Theory of Private Property Anarchism2. Police, Law, and the CourtsMurray Rothbard3. The Machinery of Freedom:Guide to a Radical Capitalism (excerpt)David Friedman4. Market for Liberty (excerpt)Morris and Linda Tannehill5. Pursuing Justice in a Free Society:Crime Prevention and the Legal OrderRandy Barnett6. Capitalist Production and the Problemof Public Goods (excerpt)Hans Hoppe7. National Defense and the Public-Goods ProblemJeffrey Rogers Hummel and Don Lavoie8. Defending a Free NationRoderick Long9. The Myth of the Rule of LawJohn HasnasSection II: Debate10. The StateRobert Nozick11. The Invisible Hand Strikes BackRoy A. Childs, Jr.12. Robert Nozick and the Immaculate Conceptionof the StateMurray Rothbard13. Objectivism and the State:An Open Letter to Ayn RandRoy A. Childs, Jr.14. Do We Ever Really Get Out of Anarchy?Alfred G. Cuzan15. Law as a Public Good: The Economics of AnarchyTyler Cowen16. Law as a Private Good:A Response to Tyler Cowen on the Economics of AnarchyDavid Friedman17. Rejoinder to David Friedman on the Economicsof AnarchyTyler Cowen18. Networks, Law, and the Paradox of CooperationBryan Caplan and Edward P. Stringham19. Conflict, Cooperation and Competition in AnarchyTyler Cowen and Daniel Sutter20. Conventions: Some Thoughts on the Economicsof Ordered AnarchyAnthony de Jasay21. Can Anarchy Save Us from Leviathan?Andrew Rutten22. Government: Unnecessary but InevitableRandall G. Holcombe23. Is Government Inevitable?Comment on Holcombe's AnalysisPeter Leeson and Edward P. StringhamSection III: History of Anarchist Thought24. Gustave de Molinari and the Anti-statistLiberal Tradition (excerpts)David Hart25. Vindication of Natural Society (excerpt)Edmund Burke26. The Production of SecurityGustave de Molinari27. Individualist Anarchism in the U.S.:OriginsMurray Rothbard28. Anarchism and American TraditionsVoltairine de Cleyre29. Civil Government: Its Origin, Mission, and Destiny,and the Christian's Relation to It (excerpt)David Lipscomb30. No Treason: The Constitution of No Authority (excerpt)Lysander Spooner31. Trial by Jury (excerpt)Lysander Spooner32. Relation of the State to the IndividualBenjamin Tucker33. Freedom, Society, and the State:An Investigation Into the Possibility of Societywithout Government (excerpt)David OsterfeldSection IV: Historical Case Studies of Non-GovernmentLaw Enforcement34. Are Public Goods Really Common Pools?Considerations of the Evolution of Policing andHighways in EnglandBruce L. Benson35. Property Rights in Celtic Irish LawJoseph R. Peden36. Private Creation and Enforcement of Law-A Historical CaseDavid Friedman37. The Role of Institutions in the Revival of Trade:The Law Merchant, Private Judges, and the ChampagneFairsPaul Milgrom, Douglass North, and Barry Weingast38. Legal Evolution in Primitive SocietiesBruce Benson39. An American Experiment in Anarcho-Capitalism:The Not So Wild, Wild WestTerry L. Anderson and P. J. Hill40. Order without Law:How Neighbors Settle Disputes (excerpt)Robert C. EllicksonAbout the Editor and ContributorsIndex

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