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The Enterprise Of Law

Author: Bruce L. Benson
Publisher: Independent Inst
ISBN: 9781598130447
Size: 75.38 MB
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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.

The Enterprise Of Law

Author: Bruce Benson
Publisher: Pacific Research Inst for Public
Size: 16.89 MB
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Includes details on how private sector institutions can support social order, foster cooperation and reduce violent confrontations.

Anarchy And The Law

Author: Edward P. Stringham
Publisher: Transaction Publishers
ISBN: 1412808901
Size: 32.71 MB
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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.

Chicago Studies In Political Economy

Author: George J. Stigler
Publisher: University of Chicago Press
ISBN: 9780226774381
Size: 53.27 MB
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"There is no question that a well-defined 'Chicago School' of political economy has emerged, built largely around the work of George J. Stigler and his colleagues. Chicago Studies in Political Economy brings together the key works in this field, works that have been extremely influential among economists who study political processes. It is a collection of enormous value."—Roger G. Noll

Reinventing Justice

Author: James L. Nolan
Publisher: Princeton University Press
ISBN: 9780691114750
Size: 18.41 MB
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The findings reported in this book are based upon ethnographic observations of drug courts throughout the United States and provide a glimpse into the unique character of the American drug court model, considering the qualities and consequences of this form of criminal adjudication.

The Ombudsman Enterprise And Administrative Justice

Author: Trevor Buck
Publisher: Routledge
ISBN: 1317022416
Size: 55.38 MB
Format: PDF
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The statutory duty of public service ombudsmen (PSO) is to investigate claims of injustice caused by maladministration in the provision of public services. This book examines the modern role of the ombudsman within the overall emerging system of administrative justice and makes recommendations as to how PSO should optimize their potential within the wider administrative justice context. Recent developments are discussed and long standing questions that have yet to be adequately resolved in the ombudsman community are re-evaluated given broader changes in the administrative justice sector. The work balances theory and empirical research conducted in a number of common law countries. Although there has been much debate within the ombudsman community in recent years aimed at developing and improving the practice of ombudsmanry, this work represents a significant advance on current academic understanding of the discipline.

Capitalism And Commerce

Author: Edward Wayne Younkins
Publisher: Lexington Books
ISBN: 9780739103814
Size: 13.30 MB
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In Capitalism and Commerce, Edward Younkins provides a clear and accessible introduction to the best moral and economic arguments for capitalism. Drawn from over a decade of business school teaching, Younkins's work offers the student of political economy and the educated layperson a clear, systematic treatment of the philosophical concepts that underpin the idea of capitalism and the business, legal and political institutions that impact commercial enterprises. Divided into seven parts, the work discusses capitalism and morality; individuals, community rights and the role of the state; private and corporate ownership; entrepreneurship and technological progress; law, justice and corporate governance; and the obstacles to a free market and limited government.