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Anarchy and the Law: The Political Economy of Choice [Paperback]

Edward P. Stringham
5.0 out of 5 stars  See all reviews (8 customer reviews)

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Book Description

January 31, 2007

Private-property anarchism, also known as anarchist libertarianism, individualist anarchism, and anarcho-capitalism, is a political philosophy and set of economic and legal arguments that maintains that, just as the markets and private institutions of civil society provide food, shelter, and other human needs, markets and contracts should provide law and that the rule of law itself can only be understood as a private institution.

To the libertarian, the state and its police powers are not benign societal forces, but a system of conquest, authoritarianism, and occupation. But whereas limited government libertarians argue in favor of political constraints, anarchist libertarians argue that, to check government against abuse, the state itself must be replaced by a social order of self-government based on contracts. Indeed, contemporary history has shown that limited government is untenable, as it is inherently unstable and prone to corruption, being dependent on the interest-group politics of the state's current leadership. Anarchy and the Law presents the most important essays explaining, debating, and examining historical examples of stateless orders.

Section I, "Theory of Private Property Anarchism," presents articles that criticize arguments for government law enforcement and discuss how the private sector can provide law. In Section II, "Debate," limited government libertarians argue with anarchist libertarians about the morality and viability of private-sector law enforcement. Section III, "History of Anarchist Thought," contains a sampling of both classic anarchist works and modern studies of the history of anarchist thought and societies. Section IV, "Historical Case Studies of Non-Government Law Enforcement," shows that the idea that markets can function without state coercion is an entirely viable concept. Anarchy and the Law is a comprehensive reader on anarchist libertarian thought that will be welcomed by students of government, political science, history, philosophy, law, economics, and the broader study of liberty.

Edward P. Stringham is professor of economics at San Jose State University and a research fellow at The Independent Institute. He is president of the Association of Private Enterprise Education, editor of the Journal of Private Enterprise, and the editor of Anarchy, State, and Public Choice.


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Anarchy and the Law: The Political Economy of Choice + The Enterprise of Law: Justice Without the State + The Voluntary City: Choice, Community, and Civil Society
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Editorial Reviews

Review

"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

"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 key essays that embrace this view."
Ronald Hamowy, Professor Emeritus of History, University of Alberta, Canada

"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 is 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 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

Product Details

  • Paperback: 712 pages
  • Publisher: Transaction Publishers (January 31, 2007)
  • Language: English
  • ISBN-10: 1412805791
  • ISBN-13: 978-1412805797
  • Product Dimensions: 1.6 x 6 x 8.8 inches
  • Shipping Weight: 2 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (8 customer reviews)
  • Amazon Best Sellers Rank: #944,828 in Books (See Top 100 in Books)

Customer Reviews

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Most Helpful Customer Reviews
47 of 49 people found the following review helpful
5.0 out of 5 stars This is it! February 22, 2007
Format:Paperback
This nearly 700-page book is quite simply THE definitive collection on free-market anarchism. Its forty chapters include contributions from Randy Barnett, Bruce Benson, Bryan Caplan, Roy Childs, Anthony de Jasay, David Friedman, John Hasnas, Hans Hoppe, Jeff Hummel, Don Lavoie, Murray Rothbard, the Tannehills, and many more. (Full disclosure: it also contains a chapter by me.) In addition, it features historical classics by Voltairine de Cleyre, Gustave de Molinari, Lysander Spooner, and Benjamin Tucker, among others. It covers both moral arguments and economic ones; it ranges over both abstract theory and historical examples. It even includes important criticisms of market anarchism, like Tyler Cowen's and Robert Nozick's, along with anarchist replies.

Are there any regrettable omissions? Well, of course. Any self-respecting anarchist geek could easily cite another thousand pages' worth of "absolutely essential" additional material, additional authors, additional perspectives. But never mind: this, here and now, is it. Wonder no more what is the market anarchist book to recommend to the anarcho-curious or wave menacingly at the statist heathen; it's this one.
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11 of 12 people found the following review helpful
5.0 out of 5 stars A Boon to the Anarcho-Libertarian Literature February 12, 2009
Format:Paperback
Stringham's compilation of articles and book chapters provides scholarly answers to virtually every question that can be asked about the theory, history, and practice of private property anarchism.

If a thorough reading fails to persuade the cynical reader, it at least will impel the greatest skeptic to respect the anarchic alternative as a serious challenge to the universal orthodoxy that humans are unable to function in civil society without a state. From Murray Rothbard's logic-tight, block-by-block construction of a competing legal system to Robert Ellickson's descripton of anarchic law in present-day Shasta County, CA, Anarchy and the Law delivers paradigm-shifting insights previously unavailable in any other single source. --Dr. Michael R. Edelstein, author, Three Minute Therapy: Change Your Thinking, Change Your Life, [...]
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6 of 6 people found the following review helpful
5.0 out of 5 stars Excellent collection! December 10, 2011
Format:Paperback|Amazon Verified Purchase
This is a collection of some of the most important papers to come from the anarcho-capitalistic scholars.
It's a large and thorough volume, exceeding 700 pages, 650 or so of which is actual content.

Almost all the authors are either economists, professors of business, or law professors as noted on pages 680-682 titled "About the Contributors".

A little about the editor, clippings from "About the Editor", page 680:

"Edward P. Stringham holds the the Hackley Endowed Chair for Capitalism and Free Enterprise Studies at Fayetteville State University and is a research fellow at the Independent Institute. He is president of the Association of Private Enterprise Education...author of many articles written in scholarly journals...Journal of Institutional & Theoretical Economics...Journal of Labor Research..Journal of Libertarian Studies.. Stringham earned his Ph.D from George Mason University in 2002...won...Distinguished Young Scholar award from the Liberalni Institut and the Prague School of Economics"

As for thorough, the book is divided into four parts: The Theory of Private Property of Anarchism, The Debate, History of Anarchist Thought, and Historical Case Studies of Non-Government Law Enforcement.

I've always felt that the privatization of police was a "no-brainer", however, I wasn't so sure about the idea of private courts and private law.
After reading many of the articles, some of my skepticism has been washed away. As a principled libertarian, I prefer the Rothbardian approach, but I believe David Friedman illustrates the true nature of possibilities. I do believe that anarcho-capitalism will only work if the people are ready, and I don't know if that time will ever come. However, I'm an anarcho-capitalist on principle.

I thought it was great that the author added the debates between the scholars, as all the important arguments in opposition to anarcho-capitalism are presented, the reader can then learn more and avoid being led astray with bias.

After the theory, what really set the ideas in stone, is their applicability in historical context: Iceland, ancient Ireland, private law in medieval England, the anarchist movements in the North American colonies, and the Wild West in the U.S..

My three favorite articles were:

"The Myth of the Rule of Law" - John Hasnas, Associate Professor, McDonough School of Business, Georgetown University
Published in the Wisconsin Law Review. [...]

"Individualist Anarchism in the U.S.: Origins" - Murray Rothbard, S.J. Hall Distinguished Professor of Economics at University of Nevada
[...]

"An American Experiment in Anarcho-Capitalism: The Not So Wild Wild West" - Terry Anderson, senior fellow at the Hoover Institution at Standford University and professor emeritus at Montana State University, and P.J. Hill, George F. Benett Professor of Business and Economics at Wheaton College, Published in the Journal of Libertarian Studies, [...]

I am already familiar with the popular works of Rothbard, so I excluded his excerpt from "For A New Liberty: The Libertarian Manifesto", the first presentation in the book, which I think is absolutely excellent.

I do not think that all the articles in the book are easy to read, in fact, I had a hard time comprehending some of the economic arguments. However, I believe this is to be expected from someone who does not have an academic background in the social sciences.

I don't see how the collection could warrant less than 5 stars, the editor chose some of the brightest and most important material. The book is also laid out very well, detailed citations and a nice index included.
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