The Enterprise of Law: Justice Without the State

The Enterprise of Law: Justice Without the State

by Bruce L. Benson
The Enterprise of Law: Justice Without the State

The Enterprise of Law: Justice Without the State

by Bruce L. Benson

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Overview

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.

Product Details

ISBN-13: 9781598130447
Publisher: Independent Institute, The
Publication date: 07/01/2011
Pages: 416
Sales rank: 1,003,712
Product dimensions: 6.00(w) x 8.90(h) x 1.10(d)

About the Author

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 Years ix

Acknowledgments xv

1 Introduction 1

Part I From Voluntary to Authoritarian Law

2 Customary Legal Systems with Voluntary Enforcement 11

3 The Rise of Authoritarian Law 43

Part II A Public Choice Approach to Authoritarian Law

4 Law and Justice as a Political Market 87

5 The Demand Side of the Political Market 105

6 The Supply Side of the Political Market 127

7 Corruption of Law Enforcement Officials 159

Part III Reemergence of Private Alternatives

8 Contracting Out for Law and Justice 179

9 Current Trends in Privatization 201

10 Benefits of Privatizaton 235

Appendix to Chapter 10 253

Part IV Rationalizing Authoritarian Law

11 Market Failure in Law and Justice 271

12 The Legal Monopoly on Coercion 291

Appendix to Chapter 12 312

Part V From Authoritarian to Private Law

13 Political Barriers to Privatization 331

14 Envisioning a Private System 349

Index 379

About the Author 397

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