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The Enterprise of Law Justice Without the State

Benson, Bruce L.
ISBN-10: 1598130447
ISBN-13: 9781598130447

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2 new from $25.75
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.
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Preface: The Enterprise of Law after Twenty Years
Acknowledgments
Introduction
From Voluntary to Authoritarian Law
Customary Legal Systems with Voluntary Enforcement
The Rise of Authoritarian Law
A Public Choice Approach to Authoritarian Law
Law and Justice as a Political Market
The Demand Side of the Political Market
The Supply Side of the Political Market
Corruption of Law Enforcement Officials
Reemergence of Private Alternatives
Contracting Out for Law and Justice
Current Trends in Privatization
Benefits of Privatizaton
Appendix to Chapter 10
Rationalizing Authoritarian Law
Market Failure in Law and Justice
The Legal Monopoly on Coercion
Appendix to Chapter 12
From Authoritarian to Private Law
Political Barriers to Privatization
Envisioning a Private System
Index
About the Author


List price: $22.95
Edition: 2011
Publisher: Independent Institute, The
Binding: Trade Paper
Pages: 418
Size: 6.00" wide x 8.75" long x 1.25" tall
Weight: 1.50 lbs.
Language: English

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