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The Enterprise of Law: Justice Without the State Paperback – July 1, 2011

4.6 out of 5 stars 42 ratings

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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 provision of justice and security has long been linked in most people’s minds to the exclusive province of government monopolies. However, in this path-breaking book, Benson shows that a system of market-based institutions, rooted in the legal principle of personal accountability under a rule of law in all aspects of criminal justice, have and can deliver those services on their own, without the aid of taxation and a coercive state monopoly on the establishment and enforcement of law.

In
The Enterprise of Law, Benson offers a powerful rebuttal of the received view of the relationship between law and government. The book brilliantly shows that non-state institutions have and do fight crime, resolve disputes, and render justice more effectively than the state because they have stronger incentives to do so.

The book offers a host of landmark findings, and here is just a sampling:
  • The rapid recent growth of private-sector security and conflict resolution continues the effective legacy of private crime control and the common law.
  • Protections for individual rights and private property are not the exclusive purview of government-run legal systems.
  • Privatizing security and dispute-resolution services and contracting out to the private sector, can offer tangible benefits—namely better and more just services at lower costs.
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Editorial Reviews

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“Bruce Benson has provided us with an exciting book that probes and challenges our understanding of the nature of individual rights, the source of evolution of those rights, and the social instruments that might be used to enforce them. I am aware of no other source that approaches the central topic directly and with the insights provided by modern economics and public choice. He has made a solid contribution to our understanding of how the law is a natural consequence of the attempts of people to live and work with each other and can evolve naturally without the guiding hands of the state.” -- Charles R. Plott, Edward S. Harkness Professor of Economics and Political Science, California Institute of Technology

The Enterprise of Law is an absolutely fascinating book...Benson breaks an incredible amount of new ground here, but his most important contribution is the clear, logical, historical, and readable presentation of the argument.” -- Robert D. Tollison, Professor of Economics and BB&T Senior Fellow at Clemson University

“This is a valuable and interesting book...If Professor Benson is correct—as I believe he is—we would be better off if our present legal system was replaced by a system of customary law, privately evolved and privately enforced...Few skeptics will be persuaded of so radical a thesis in one reading, but the best of them should recognize that a real alternative is being proposed—and defended—by arguments that deserve to be taken seriously.” --
David D. Friedman, Professor, School of Law, Santa Clara University

The Enterprise of Law is an important contribution to law and economics literature. He properly emphasizes the role of institutions in shaping incentive, and the role of incentives in shaping institutions.” -- Henry G. Manne, Dean Emeritus, School of Law, George Mason University

“In
The Enterprise of Law, Bruce Benson provides us with the most comprehensive treatise on private sector alternatives to government law enforcement available today. Benson systematically addresses all the issues, arguments, and objections surrounding the growing role of market institutions in the legal system. But his book is more than a mere defense of current privatization trends in protective services, corrections, and dispute resolution. The Enterprise of Law questions the seemingly axiomatic proposition that law and order are “necessary functions of government.” -- Cato Journal

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.

Product details

  • Publisher ‏ : ‎ Independent Institute
  • Publication date ‏ : ‎ July 1, 2011
  • Edition ‏ : ‎ 2nd
  • Language ‏ : ‎ English
  • Print length ‏ : ‎ 416 pages
  • ISBN-10 ‏ : ‎ 1598130447
  • ISBN-13 ‏ : ‎ 978-1598130447
  • Item Weight ‏ : ‎ 1.5 pounds
  • Dimensions ‏ : ‎ 6 x 0.9 x 9 inches
  • Customer Reviews:
    4.6 out of 5 stars 42 ratings

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4.6 out of 5 stars
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Top reviews from the United States

  • Reviewed in the United States on May 10, 2013
    Format: PaperbackVerified Purchase
    Well, I am not in that group - but everyone on the planet should start considering options to the never ending paradigm of state monopolies and (non) solutions that are forced on all of us equally through nationalism and statism. This book is proof that we can do better than the states (non) solutions. In fact, I dare say that a full college course could be based on this book alone, it's that well rounded and in depth.

    In the past decade I have read a lot on this topic, but let me say that this is by far the most comprehensive and in depth work in this area, period! What else can be expected from such an insightful economist, and someone with a developed understanding of law and justice from multiple perspectives. Bruce Benson, imo, should be regarded a titan for taking on such a complex subject and all the useless, baseless, and derogatory attacks that come from the statist quo - he holds his ground amazingly well. This publication should unanimously be regarded the sole authority on the matter of stateless justice system(s).

    Benson does a superb job of shooting down just about every possible "what if", objection, and many of the obtuse critiques of from the statists quo - imho, it's just amazing. He addresses the shortcomings of his previous writing on the topic, outlines them, and corrects them with cogent, easy to understand arguments and nearly perfect logical consistency. I have to say, if you are interested in how a justice system can function without the state being involved or even a system where the state justice system would have to compete against private justice systems, this is probably the only book worth investing in and reading.

    More compliments to Benson: you'll not find a more comprehensive presentation, and cogent set of arguments for how a stateless society will function in regards to a justice system. Nobody can read this book and walk away and simply just maintain their previous assumptions or beliefs. This book can actually teach you a new way of thinking and how to critique the state more appropriately and effectively - as anarchists and libertarians should. I think that all liberty minded people should consume this and improve their understanding of a free market and how it will actually work. The end of the state, like all things, is inevitable and that is why this is a must read. The only thing we as a species should allow to replace the state is a truly Free Market, and Benson has given us one of the most powerful tools (understanding thereof) that the Free Market will require to have to be truly viable and lasting solution post state.
    11 people found this helpful
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  • Reviewed in the United States on August 23, 2013
    Format: PaperbackVerified Purchase
    I read this book as a 20-year-old libertarian mechanical engineering student, for fun, because I was interested in learning more about the historical development of governments and law, and voluntary customary legal systems. It was very enjoyable and educational. Recommended.

    PART I / FROM VOLUNTARY TO AUTHORITARIAN LAW

    II. Customary Legal Systems with Voluntary Enforcement
    III. The Rise of Authoritarian Law

    PART II / A PUBLIC CHOICE APPROACH TO AUTHORITARIAN LAW

    IV. Law and Justice as a Political Market
    V. The Demand Side of the Political Market
    VI. The Supply Side of the Political Market
    VII. Corruption of Law Enforcement Officials

    PART III / REEMERGENCE OF PRIVATE ALTERNATIVES

    VIII. Contracting Out for Law and Justice
    IX. Current Trends in Privatization
    X. Benefits to Privatization

    PART IV / RATIONALIZING AUTHORITARIAN LAW

    XI. Market Failure in Law and Justice
    XII. The Legal Monopoly on Coercion

    PART V / FROM AUTHORITARIAN TO PRIVATE LAW

    XIII. Political Barriers to Privatization
    XIV. Envisioning a Private System
    9 people found this helpful
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  • Reviewed in the United States on January 13, 2013
    Format: PaperbackVerified Purchase
    One of the most common objections to the idea of a voluntary, non-coercive, stateless society is phrased as a question that might go like this: Who will make the laws? How will we be protected against criminals? What if a merchant cheats me? Many people think that those questions make the idea of a voluntary society ridiculous. This book takes care of all that and more, and should be read by every person who already advocates voluntaryism but is weak in defending this aspect of it. Further, it should be read by every person who wants to reject the use of coercion to maintain "law and order" but doesn't see how it could be done.
    9 people found this helpful
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  • Reviewed in the United States on September 16, 2011
    Format: PaperbackVerified Purchase
    Discusses the history of law and documents how free market law existed and thrived for thousands of years before government got involved in the production of law. Also reveals the reason government got into the law was not because existing free market law was inadequate, but rather to simply generate revenue for the government. This explains much!

    The second half of the book discusses the incentives and consequences of a government provision of law that virtually is entirely ignored in contemporary discussion on the topic. His analysis of special interest groups is fantastic.
    8 people found this helpful
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  • Reviewed in the United States on January 18, 2015
    Format: PaperbackVerified Purchase
    An amazing book that will destroy all your statist friends beliefs when it comes to government providing law and police services. The government will always be second best when it comes to free market enterprise. I cant even begin to describe how much useful info is in this book. I actually tucked the government into bed last night and read a few pages of this book to it, and it started crying. Yes, this book made the government sob. It was pathetic.
    8 people found this helpful
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  • Reviewed in the United States on October 17, 2014
    Format: KindleVerified Purchase
    This is an outstanding book. really fascinating. Benson brings uo all kinds of new avenues that are really incredible !!
    This is a profound and comprehensive book. Probably the best I've read on this matter. A must read !!!
    3 people found this helpful
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  • Reviewed in the United States on January 9, 2019
    Format: PaperbackVerified Purchase
    Great expose of how the law really works.
    3 people found this helpful
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  • ALONSO MORALES
    5.0 out of 5 stars Análisis económico de la ley y el orden
    Reviewed in Mexico on June 24, 2024
    Format: PaperbackVerified Purchase
    El autor nos presenta una breve historia del derecho consuetudinario y la intervención gubernamental en la ley (lo que lleva al derecho autoritario). Sumado a esto emplea la teoría económica (en específico las aportaciones de la Elección Pública) para estudiar el "mercado" de la ley y el orden, presenta los problemas a los que se enfrenta la provisión pública de la ley y el orden y por último hace estimaciones de como el sector privado podría sustituir al gobierno en estas importantes actividades. Una excelente lectura, que nos permite reflexionar sobre la situación jurídica en la que nos encontramos y las alternativas a esta.
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