STRINGHAM E.P. (CUR.) – Anarchy And The Law


The Political Economy of Choice

Un’antologia completa dei migliori saggi sulla produzione della sicurezza e della giustizia in una società anarco-capitalista

Edizioni: Indipendent Institute   Anno: 2007   pag. 698



Anarchy and the Law assembles for the first time in one volume the most important classic and contemporary studies exploring and debating non-state legal and political systems, especially involving the tradition of natural law and private contracts.

Should markets and contracts provide law, and can the rule of law itself be understood as a private institution? Are the state and its police powers benign societal forces, or are they a system of conquest, authoritarianism, occupation, and exploitation?

From the early works of Gustave de Molinari, Edmund Burke, Voltairine de Cleyre, Benjamin Tucker, David Lipscomb, and Lysander Spooner to the contemporary thinking of Murray Rothbard, David Friedman, Anthony De Jasay and Bruce Benson, Anarchy and the Law features the key studies exploring and debating the efficacy of individual choice and markets versus the shortfalls of coercive government power and bureaucracy. In so doing, the book also features debates involving Roderick Long’s argument against a nationalized military and Robert Nozick’s critique of stateless legal systems, as well as the work of such scholars as Nobel Laureate economist Douglass North, Tyler Cowen, Robert Ellickson, Randall Holcombe, Randy Barnett, Barry Weingast, Terry Anderson, Andrew Rutten, Jeffrey Rogers Hummel, and others.

Whereas liberals and conservatives argue in favor of political constraints, Anarchy and the Law examines whether to check against abuse, government power must be replaced by a social order of self-government based on contracts.

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—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


    • 12. Robert Nozick and the Immaculate Conception of the State—Murray Rothbard


    • 13. Objectivism and the State: An Open Letter to Ayn Rand—Roy Childs


    • 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 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 Holcombe


    23. Is Government Inevitable? Comment on Holcombe’s Analysis—Peter Leeson and Edward Stringham

Section III: History of Anarchist Thought

    • 24. Gustave de Molinari and the Anti-statist Liberal Tradition (excepts)—David Hart


    • 25. Vindication of Natural Society


    • (excerpt)—Edmund Burke


    • 26. The Production of Security—Gustave de Molinari


    • 27. Individualist Anarchism in the United States: The Origins—Murray Rothbard


    • 28. Anarchism and American Traditions—Voltairine de Cleyre


    • 29. On Civil Government—David Lipscomb


    • 30. No Treason: The Constitution of No Authority (excerpt)—Lysander Spooner


    • 31. Trial by Jury—Lysander Spooner


    • 32. Relation of the State to the Individual—Benjamin Tucker


    33. Political and Economic Overview—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 Benson


    • 35. Property Rights in Celtic Irish Law—Joseph 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 Fairs—Paul Milgrom, Douglass North, and Barry Weingast


    • 38. Legal Evolution in Primitive Societies—Bruce Benson


    • 39. American Experiment in Anarcho-Capitalism: The Not So Wild, Wild West—Terry Anderson and P. J. Hill


    40. Order Without Law (excerpt)—Robert Ellickson


Praise for Anarchy and the Law

“Finally, a fit rejoinder to people who begin sentences with ‘There ought to be a law . . .’”
P. J. O’Rourke, author, Parliament of Whores and On the Wealth of Nations

Anarchy and the Law is an important and very powerful book, and for the open-minded, will do a great deal to persuade them that non-state political systems based on voluntary association and private contracts deserve to be taken very seriously indeed.”
Jan Narveson, Professor of Philosophy, University of Waterloo, Canada

“As the marvelous book Anarchy and the Law demonstrates, a rich intellectual tradition on the desirability and workings of private-property, non-state legal systems stretches back to the mid-nineteenth century. Henceforth, ignorance will be no excuse.”
Robert Higgs, author, Crisis and LeviathanAgainst Leviathan and Depression, War and Cold War

“Scholars interested in scrutinizing the links between political and legal institutions will find Anarchy and the Law an invaluable resource.”
Tom W. Bell, Professor of Law, Chapman University

“The dynamics of government growth has proven that no matter how benign the original intent and no matter how limited their scope, government programs will eventuate in abuse and malignancy. Anarchy and the Law assembles in one superb volume key essays that embrace this view and in doing so has done us all a great service.”
Ronald Hamowy, Professor Emeritus of History, University of Alberta, Canada

“With meticulous scholarship, Edward Stringham offers a splendid collection. Anarchy and the Law is a skillful blend of the philosophy, political theory, history, and economics which constitute the framework of one of the least understood political traditions. The book is quite simply a tour-de-force.”
Wendy McElroy, editor, Liberty for Women

Anarchy and the Law is a breakthrough work, one which anyone interested in politics will find intellectually exciting.”
Ralph Raico, Professor of History, Buffalo State College

Anarchy and the Law should become the beginning for any serious examination of our most deeply held beliefs about government—a ‘must read’ for anyone open to ideas and interested in the preservation of liberty.”
Thomas J. Nechyba, Professor of Economics, Duke University

Anarchy and the Law assembles the very best research—theoretical and empirical—on markets’ surprisingly robust capacity to supply law and other public goods.”
Donald J. Boudreaux, Professor of Economics, George Mason University

“Edward Stringham has assembled an excellent—and much-needed—book. Anarchy and the Law is a welcome addition to the scholarship, teaching, and investigation of politics.”
James R. Otteson, Professor of Philosophy, University of Alabama

“Much work in political philosophy is conducted on the basis of an uncritically-held assumption that only the state can supply law and public order. Anarchy and the State should shake such writers from their dogmatic slumbers. This book is a must for any college or university library, and I’d strongly recommend it as a gift for any intelligent young (or old!) person whose ideas could do with a shake-up.”
Jeremy Shearmur, Reader in Philosophy, Australian National University

Anarchy and the Law is an essential book on the theory and history of ‘non-state’ legal systems in which law enforcement is privatized, including essays by both proponents and skeptics.”
Lawrence H. White, Friedrich A. Hayek Professor of Economic History, University of Missouri, St. Louis

About the Editor

Edward P. Stringham is a Research Fellow at The Independent Institute, Associate Professor of Economics at San Jose State University, and President of the Association of Private Enterprise Education.


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