Libertarian theories of law

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Part of the series on Libertarianism

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Libertarian theories of law build upon classical liberal and individualist anarchist doctrines. The defining characteristics of libertarian legal theory are its insistence that the amount of government intervention should be kept to a minimum and the primary functions of law should be enforcement of contracts and social order, though "social order" is often seen as a desirable side effect of a free market rather than a philosophical necessity. Historically, the Austrian economist Friedrich Hayek is the most important libertarian legal theorist. Another important predecessor was Lysander Spooner, a 19th century American individualist anarchist and lawyer. John Locke was also an influence on libertarian law theory (see Two Treatises of Government). Ideas range from anarchism (as anarcho-capitalists may still designate themselves libertarians) to the mere enforcement of contracts. Some advocate mild regulation, including the existence of a police force, military, public land, and public infrastructure. Geolibertarians oppose ownership of land on Georgist grounds. The focus, however, remains on establishing Minarchism.

Among contemporary legal theorists is Randy Barnett, who set out a comprehensive libertarian theory of law in his book The Structure of Liberty. Others who have notably addressed libertarian legal theory include:

• Richard Epstein (Skepticism and Freedom)
• David Friedman (The Machinery of Freedom)
• Friedrich Hayek (Law, Legislation and Liberty)
• Gene Healy
• Jacob Hornberger
• Bruno Leoni (Freedom and the Law)
• Robert Nozick (Anarchy, State, and Utopia)
• Roger Pilon

[edit] References

• Randy Barnett (1998). The Structure of Liberty: Justice and the Rule of Law. Oxford: Clarendon Press. ISBN 0-19-829324-0.
• Richard Epstein (2003). Skepticism and Freedom: A Modern Case for Classical Liberalism. Chicago: University of Chicago Press. ISBN 0-226-21304-8.
• Friedrich Hayek (1981). Law, Legislation and Liberty: The Political Order of a Free People. Chicago: University of Chicago Press. ISBN 0-415-09868-8, ISBN 0-226-32090-1.

[edit] See also

• Judicial activism
• Law and economics
• Classical liberalism
• Libertarianism
• Philosophy of law
• Polycentric law

[edit] External links

• Randy Barnett's "The Structure of Liberty"
• Legal Theory Lexicon: Libertarian Theories of Law