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Anarchy and the Law: The Political Economy of Choice
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.
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.
698 pages, Paperback
First published January 23, 2007
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Displaying 1 - 2 of 2 reviews
March 7, 2012
This is a collection of some of the most important papers to come from the anarcho-capitalistic scholars.
It's a large and thorough volume, exceeding 700 pages, 650 or so of which is actual content.
Almost all the authors are either economists, professors of business, or law professors as noted on pages 680-682 titled "About the Contributors".
A little about the editor, clippings from "About the Editor", page 680:
"Edward P. Stringham holds the the Hackley Endowed Chair for Capitalism and Free Enterprise Studies at Fayetteville State University and is a research fellow at the Independent Institute. He is president of the Association of Private Enterprise Education...author of many articles written in scholarly journals...Journal of Institutional & Theoretical Economics...Journal of Labor Research..Journal of Libertarian Studies.. Stringham earned his Ph.D from George Mason University in 2002...won...Distinguished Young Scholar award from the Liberalni Institut and the Prague School of Economics"
As for thorough, the book is divided into four parts: The Theory of Private Property of Anarchism, The Debate, History of Anarchist Thought, and Historical Case Studies of Non-Government Law Enforcement.
I've always felt that the privatization of police was a "no-brainer", however, I wasn't so sure about the idea of private courts and private law.
After reading many of the articles, some of my skepticism has been washed away. As a principled libertarian, I prefer the Rothbardian approach, but I believe David Friedman illustrates the true nature of possibilities. I do believe that anarcho-capitalism will only work if the people are ready, and I don't know if that time will ever come. However, I'm an anarcho-capitalist on principle.
I thought it was great that the author added the debates between the scholars, as all the important arguments in opposition to anarcho-capitalism are presented, the reader can then learn more and avoid being led astray with bias.
After the theory, what really set the ideas in stone, is their applicability in historical context: Iceland, ancient Ireland, private law in medieval England, the anarchist movements in the North American colonies, and the Wild West in the U.S..
My three favorite articles were:
"The Myth of the Rule of Law" - John Hasnas, Associate Professor, McDonough School of Business, Georgetown University
Published in the Wisconsin Law Review. [...]
"Individualist Anarchism in the U.S.: Origins" - Murray Rothbard, S.J. Hall Distinguished Professor of Economics at University of Nevada
[...]
"An American Experiment in Anarcho-Capitalism: The Not So Wild Wild West" - Terry Anderson, senior fellow at the Hoover Institution at Standford University and professor emeritus at Montana State University, and P.J. Hill, George F. Benett Professor of Business and Economics at Wheaton College, Published in the Journal of Libertarian Studies, [...]
I am already familiar with the popular works of Rothbard, so I excluded his excerpt from "For A New Liberty: The Libertarian Manifesto", the first presentation in the book, which I think is absolutely excellent.
I do not think that all the articles in the book are easy to read, in fact, I had a hard time comprehending some of the economic arguments. However, I believe this is to be expected from someone who does not have an academic background in the social sciences.
I don't see how the collection could warrant less than 5 stars, the editor chose some of the brightest and most important material. The book is also laid out very well, detailed citations and a nice index included.
It's a large and thorough volume, exceeding 700 pages, 650 or so of which is actual content.
Almost all the authors are either economists, professors of business, or law professors as noted on pages 680-682 titled "About the Contributors".
A little about the editor, clippings from "About the Editor", page 680:
"Edward P. Stringham holds the the Hackley Endowed Chair for Capitalism and Free Enterprise Studies at Fayetteville State University and is a research fellow at the Independent Institute. He is president of the Association of Private Enterprise Education...author of many articles written in scholarly journals...Journal of Institutional & Theoretical Economics...Journal of Labor Research..Journal of Libertarian Studies.. Stringham earned his Ph.D from George Mason University in 2002...won...Distinguished Young Scholar award from the Liberalni Institut and the Prague School of Economics"
As for thorough, the book is divided into four parts: The Theory of Private Property of Anarchism, The Debate, History of Anarchist Thought, and Historical Case Studies of Non-Government Law Enforcement.
I've always felt that the privatization of police was a "no-brainer", however, I wasn't so sure about the idea of private courts and private law.
After reading many of the articles, some of my skepticism has been washed away. As a principled libertarian, I prefer the Rothbardian approach, but I believe David Friedman illustrates the true nature of possibilities. I do believe that anarcho-capitalism will only work if the people are ready, and I don't know if that time will ever come. However, I'm an anarcho-capitalist on principle.
I thought it was great that the author added the debates between the scholars, as all the important arguments in opposition to anarcho-capitalism are presented, the reader can then learn more and avoid being led astray with bias.
After the theory, what really set the ideas in stone, is their applicability in historical context: Iceland, ancient Ireland, private law in medieval England, the anarchist movements in the North American colonies, and the Wild West in the U.S..
My three favorite articles were:
"The Myth of the Rule of Law" - John Hasnas, Associate Professor, McDonough School of Business, Georgetown University
Published in the Wisconsin Law Review. [...]
"Individualist Anarchism in the U.S.: Origins" - Murray Rothbard, S.J. Hall Distinguished Professor of Economics at University of Nevada
[...]
"An American Experiment in Anarcho-Capitalism: The Not So Wild Wild West" - Terry Anderson, senior fellow at the Hoover Institution at Standford University and professor emeritus at Montana State University, and P.J. Hill, George F. Benett Professor of Business and Economics at Wheaton College, Published in the Journal of Libertarian Studies, [...]
I am already familiar with the popular works of Rothbard, so I excluded his excerpt from "For A New Liberty: The Libertarian Manifesto", the first presentation in the book, which I think is absolutely excellent.
I do not think that all the articles in the book are easy to read, in fact, I had a hard time comprehending some of the economic arguments. However, I believe this is to be expected from someone who does not have an academic background in the social sciences.
I don't see how the collection could warrant less than 5 stars, the editor chose some of the brightest and most important material. The book is also laid out very well, detailed citations and a nice index included.
October 15, 2016
Edward Stringham has presented some of the most important facets in anarcho-capitalism. The collection of articles is esteemed and organized to present a coherent argument.
The challenge has always been to move away from reactionary derailment of opponents who conveniently resort to emotional reductionism. From outset, it has also presented a good perspective on idea of praxeological and action-sanction morality against perforce collectivism with historical context of European and North American economies. The theme is very well laid out.
So far, this is one of the best addition in anarcho-capitalist literature.
The challenge has always been to move away from reactionary derailment of opponents who conveniently resort to emotional reductionism. From outset, it has also presented a good perspective on idea of praxeological and action-sanction morality against perforce collectivism with historical context of European and North American economies. The theme is very well laid out.
So far, this is one of the best addition in anarcho-capitalist literature.
Displaying 1 - 2 of 2 reviews