Libertarian theories of law

Libertarian theories of law

Libertarian theories of law build upon classical liberal and individualist 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 Georgist grounds.

Contents

  • Notable theorists 1
  • See also 2
  • References 3
  • External links 4

Notable theorists

Authors discussing libertarian legal theory include:

See also

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.

External links

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