1.

Record Nr.

UNINA9910779631603321

Autore

Benson Bruce L. <1949->

Titolo

The enterprise of law [[electronic resource] ] : justice without the state / / Bruce L. Benson

Pubbl/distr/stampa

Oakland, CA, : Independent Institute, c2011

ISBN

1-59813-069-2

1-59813-071-4

Descrizione fisica

1 online resource (925 p.)

Disciplina

343.73/074

Soggetti

Rule of law - United States

Law enforcement - United States

Justice, Administration of - United States

Privatization - Law and legislation - United States

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Cover; Title; Copyright; Contents; Preface: The Enterprise of Law after Twenty Years; Acknowledgments; 1. Introduction; Part I: From Voluntary to Authoritarian Law; 2. Customary Legal Systems with Voluntary Enforcement; 3. The Rise of Authoritarian Law; Part II: A Public Choice Approach to Authoritarian Law; 4. Law and Justice as a Political Market; 5. The Demand Side of the Political Market; 6. The Supply Side of the Political Market; 7. Corruption of Law Enforcement Officials; Part III: Reemergence of Private Alternatives; 8. Contracting Out for Law and Justice

9. Current Trends in Privatization10. Benefits of Privatization; Appendix to Chapter 10; Part IV: Rationalizing Authoritarian Law; 11. Market Failure in Law and Justice; 12. The Legal Monopoly on Coercion; Appendix to Chapter 12; Part V: From Authoritarian to Private Law; 13. Political Barriers to Privatization; 14. Envisioning a Private System; Index; About the Author; Praise for The Enterprise of Law; About the Independent Institute; Independent Studies in Political Economy

Sommario/riassunto

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. Question