Law

Law and the Limits of the Spontaneous Order

ABSTRACT

Where does law come from and how is it "created"? This conference analyzed the evolutionary process of law as a spontaneous order. The goal was to discuss and debate how efficient procedures of justice are created and ask whether these procedures emerge spontaneously or whether the government plays some role in shaping the process in a constructivist manner.

READING LIST

Conference Readings

Anderson, Terry and P. J. Hill, “An American Experiment in Anarcho-Capitalism: The Not So Wild, Wild West” In Anarchy and the Law: The Political Economy of Choice, edited by Edward Stringham, 639-657. Edison: Transaction Publishers, 2007.

Barden, Garrett and Tim Murphy. Law and Justice in Community. Oxford and New York: Oxford University Press, 2010.

Benson, Bruce. Justicia sin Estado. Madrid: Unión Editorial, 2000.

Benson, Bruce L. "The Spontaneous Evolution of Commercial Law." Southern Economic Journal 55, no. 3 (January 1989): 644-661.

Buchanan, James M. The Collected Works of James Buchanan, Volume 7: The Limits of Liberty: Between Anarchy and Leviathan. Indianapolis: Liberty Fund Inc., 2000.

Friedman, David, “Private Creation and Enforcement of Law––A Historical Case” In Anarchy and the Law: The Political Economy of Choice, Edison: Transaction Publishers, 2007. Page(s): 586-601.

Hayek, F. A. Law, Legislation and Liberty, Volume 1: Rules and Order [Phoenix series]. Chicago: The University of Chicago Press, 1973.

Hayek, F. A. Law, Legislation and Liberty, Volume 2: The Mirage of Social Justice [Phoenix series]. Chicago: The University of Chicago Press, 1976.

Molinari, Gustave de, “The Production of Security” In Anarchy and the Law: The Political Economy of Choice, edited by Edward Stringham, 424-436. Edison: Transaction Publishers, 2007.

Rothbard, Murray, “Police, Law, and the Courts” In Anarchy and the Law: The Political Economy of Choice, edited by Edward Stringham, 18-39. Edison: Transaction Publishers, 2007.

Wittman, Donald, “Conclusion: Hobbes and the Political Economy of Power” In Democracy, Freedom and Coercion: A Law and Economics Approach, edited by Alain Marciano and Jean-Michel Josselin, 251-265. Northampton: Edward Elgar Publishing, 2007.