Law and the Courts

Anarchy and Efficient Law
by David Friedman
Laws generated by the institutions of private property anarchy would be efficient.

Answers: The Economic Analysis of Law
by David Friedman
What economic analysis tells us about designing laws, regardless of moral principles.

Basic Questions About Law
by Richard O. Hammer
Within one order of magnitude, how many words are needed to describe the law in a free nation? What drives government to supplant voluntary legal systems? How would we dismantle a system of government laws?

Customary Law
by Bruce Benson
Pages 12 to 15 from The Enterprise of Law, explaining the difference between customary law and authoritarian law.

Customary Law with Private Means of Resolving Disputes and Dispensing Justice: A Description of a Modern System of Law and Order without State Coercion
by Bruce L. Benson
This is a PDF file. You need Adobe Acrobat(TM) or an equivalent program to handle PDF files.

Dialog: On a System Which Gives Unlimited Power to Randomly Selected Arbiters
by Richard Hammer and Jack Coxe

Dialogue: Restitutive Justice and the Costs of Restraint
by Richard O. Hammer and Roderick Long
A discussion of points raised by "Punishment vs Restitution: A Formulation," in which Roderick Long argues for restitution and against punishment.

Economic Freedom and the Evolution of Law
by Bruce Benson

Economic Government
by Robert Klassen
"The purpose of economic government is to provide absolute security and justice to individuals without the use of coercion."

The Economics of Non-State Legal Systems Part 1
Part 2
Part 3
by Bryan Caplan
A working paper in support of an anarcho-capitalist legal system. Part 3 includes a model of purely private law enforcement.

Everybody should be a market anarchist
by Paul Charnetzki IV
"If you want law and order, don't look to the State. Instead, look to the natural order of market anarchism." (02/27/02)

Everyone at Risk
by Dennis Rines
Advocates private enforcement of contracts through free market governments that administer force on a fee-for-service basis as the solution to social problems.

Free Accord Law: Ethical Communities
by Philip E. Jacobson
Describes law and ethics in light of political anthropology and game theory. It argues that statist law is a negative sum game as opposed to free accord law, which is a positive sum game.

Freedom Lawyers of America
by Shelly Waxman & Associates
This organization started in Chicago as The Libertarian Lawyers Alliance of Illinois (LLAI) in 1978, and became the Freedom Lawyers of America (FLoA) in 1994. The idea behind FLoA is to develop of pool of "freedom lawyers" who know how to fight government in the courts against unreasonable governmental intrusions.

Gateway to an Altered Landscape: Law in a Free Nation
by Richard O. Hammer
The differences between law in the USA and law in a free nation are explained by using a travel metaphor.

Hanged for a Sheep--The Economics of Marginal Deterrence
by David Friedman
An analysis of optimal punishment schedules for deterring crimes or other activities. It shows that optimal punishment can mean more severe punishment for less severe offences, which contradicts our intuitive sense of fairness.

How to Limit Power and Protect Rights
by Jack W. Coxe
A proposal for a system of law by arbitrators who are selected at random case by case.

How would we have law, if not for the state?
by Gene Callahan
Actually, the state hampers the development of private law, such as highway speed limits.

The Independent Jury's Secret Power
by Don Doig
Explains the history of the American jury's right to judge the law itself.

Insuring Chaos Theory
by Bob Murphy
Arguments in defense of Murphy's theory of private law.

Jury Nullification
by stormy MON
A brief summary of jury nullification of laws in America. Part of an online book, Imagine Freedom, which attacks government and religion.

Justice Entrepreneurship in a Free Market
by George H. Smith
This is a PDF file. You need Adobe Acrobat(TM) or an equivalent program to handle PDF files.

Justice Without Law
by Jerold S. Auerbach reviewed by Sean Haugh
The history of dispute resolution in America indicates that private methods such as mediation and arbitration flourish in unified communities where everyone shares a common religion or philosophy. Otherwise, people tend to sue each other in government courts.

Law and Violence
by Roy Halliday
A description of several mutually exclusive libertarian philosophies about legitimate violence and an argument for the self-defense paradigm.

Law as a Private Good
by David Friedman
A response to a critic who argued that a private system of law would become a monopoly.

Law as Property in a Free Nation
by Philip E. Jacobson
For law to be produced in the free market its properties need to be conceived of as private property rights that can be the subjects of contracts.

Law Can Be Private
by Richard O. Hammer
The title thesis is supported by reference to Bruce Benson's book The Enterprise of Law.

Legal Systems Under Anarcho-Capitalism
by Gary Greenberg
A defense of private civil law.

A Limited-Government Framework for Courts
by Richard O. Hammer
Proposes a government whose role is to establish a system of courts, but not to legislate the law as enforced in those courts.

Market Chosen Law
by Edward Stringham
This is a PDF file. You need Adobe Acrobat(TM) or an equivalent program to handle PDF files.

Natural Government versus Artificial Government
by Jack W. Coxe
"We could remove control from positions of power by selecting arbiters completely at random, for each individual case or offense. And we could remove all manipulability of coercive procedures by refraining from imposing any kind of man-made limits on the decision-making authority of arbiters."

The Nature of Law Part I: Law and Order Without Government
The Nature of Law Part II: The Three Functions of Law
The Nature of Law Part III: Law vs. Legislation
The Nature of Law Part IV: The Basis of Natural Law
by Roderick Long
Part I describes the varieties of law and contrasts public goods problems and public choice problems. Part II describes adjudication, legislation, and execution as the functions of law and addresses the question "Should law be monopolized?" Part III defends Natural Law against positivism, which is a modern anomaly. Then it explains Thomas Aquinas' distinction between Natural Law and human law and relates these to customary law. Part IV explains the philosophical basis of Natural Law and answers the most common objections to Natural Law raised by libertarians.

Notes on the History of Legal Systems
by Bobby Yates Emory
A summary of legal history to guide those who would develop a legal system for a free country.

Order without Law by Robert C. Ellickson Reviewed
by Bryan Caplan
"Not only is legislation unnecessary for law, but law is unnecessary for order."

Outline of a Critique of Tyler Cowen's Law as a Public Good
by Bryan Caplan
A defense of free-market anarchism against the charge that it would lead to collusion among companies in the law business.

The Philosophy of Law and Justice Necessary to Sustain a Free Nation
by Gorgon Neal Diem
A free nation needs law based on principles rather than law based on legislation or law based on public opinion or law aimed at balancing competing interests.

Police, Courts, and Laws--On the Market
by David Friedman
A chapter from The Machinery of Freedom that explains how the free market could provide police protection, courts, and a system of laws.

Polycentric Law
by Tom W. Bell
This article traces how state law rose to domination in the competition among medieval European legal systems, and it reveals that privately produced law survived the state's onslaught and has recently enjoyed a resurgence.

Private Law I
Private Law II
Private law III
by Bob Murphy
In Private Law, Bob Murphy gives an overview of the legal system he believes would evolve in the absence of government. In Private Law II, he elaborates on this system and answers some of its critics. In Private Law III he discusses how a private legal system would handle a few crucial functions, and contrast its performance with that of a monopolized government legal system.

Private lives, private property, private courts
by John Lopez
"To establish libertarian justice, the Non-Aggression Principle must be followed. This means that force may not be initiated even against a convicted criminal -- he must receive no punishment that he does not consent to." (09/24/02)

Pursuing Justice in a Free Society: Part I. The Power Principle
Pursuing Justice in a Free Society: Part II. The Liberty Approach
by Randy Barnett
Part I is a critique of the power principle (giving some people a monopoly on the use of force). Part II describes how a non-monopolistic legal order might work.

A Reconsideration of Trial by Jury
by Wendy McElroy
Juries can defend individual rights in statist countries by nullifying laws, but in a free nation it is not likely that private arbitration businesses would resort to such an arbitrary and unprofessional system.

Review: Serve and Protect by Bruce Benson
by Roy Halliday
This book is full of information of value to anyone interested in a libertarian legal system including private police, courts, and prisons.

The Role of Personal Justice in Anarcho-Capitalism
by Karl T. Fielding
This is a PDF file. You need Adobe Acrobat(TM) or an equivalent program to handle PDF files.

Settling Disputes Without the State
by Adam Starchild
A description of private arbitration as it works today.

The State as Penalizer
by Roy Halliday
Examines the argument that only the state can administer a uniform schedule of punishments for crimes.

Stateless, Not Lawless: Voluntaryism and Arbitration
by Carl Watner
"Arbitration is a universal, human institution which preceded the monopoly system of law embraced by contemporary nation-states."

Toward Voluntary Courts and Enforcement
by Richard O. Hammer
The prospect of a society with private courts and private law enforcement is frightening to us, but it follows from libertarian principles, and, according to economic theory, entrepreneurial zeal and competition should produce better law enforcement.

Waller on Anarchism and Justice
by Bryan Caplan
The rich have less of an advantage over the poor in a free-market court system than in a government court system.

Whatever Happened to Justice? by Richard J. Maybury
reviewed by Chris Spruyt
This book is recommended for its explanation of scientific law and common law versus political law.

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This page was last updated on March 7, 2004.