The Enterprise of Law Justice Without the State

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Format: Paperback
Pub. Date: 2011-07-01
Publisher(s): Independent Institute
List Price: $24.48

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Summary

In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state's monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor--or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.

Author Biography

Bruce L. Benson is the recipient of the Ludwig von Mises Prize and the Adam Smith Award, a senior fellow of the Independent Institute, and a contributing editor of the Independent Review. He is a professor of economics at Florida State University, has written numerous articles and reviews, and is the author of The Economic Anatomy of Drug War, Privatization in Criminal Justice, and To Serve and Protect. He lives in Tallahassee, Florida.

Table of Contents

Preface: The Enterprise of Law after Twenty Yearsp. ix
Acknowledgmentsp. xv
Introductionp. 1
From Voluntary to Authoritarian Law
Customary Legal Systems with Voluntary Enforcementp. 11
The Rise of Authoritarian Lawp. 43
A Public Choice Approach to Authoritarian Law
Law and Justice as a Political Marketp. 87
The Demand Side of the Political Marketp. 105
The Supply Side of the Political Marketp. 127
Corruption of Law Enforcement Officialsp. 159
Reemergence of Private Alternatives
Contracting Out for Law and Justicep. 179
Current Trends in Privatizationp. 201
Benefits of Privatizatonp. 235
Appendix to Chapter 10p. 253
Rationalizing Authoritarian Law
Market Failure in Law and Justicep. 271
The Legal Monopoly on Coercionp. 291
Appendix to Chapter 12p. 312
From Authoritarian to Private Law
Political Barriers to Privatizationp. 331
Envisioning a Private Systemp. 349
Indexp. 379
About the Authorp. 397
Table of Contents provided by Ingram. All Rights Reserved.

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