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    Enterprise of Law Justice Without the State

    ISBN-10: 1598130447
    ISBN-13: 9781598130447
    Author(s): Bruce L. Benson
    Description: 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  More...
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    List Price: $22.95
    Publisher: Independent Institute, The
    Binding: Paperback
    Pages: 418
    Size: 6.00" wide x 8.75" long x 1.25" tall
    Weight: 1.496
    Language: English

    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.

    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

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