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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 governmental 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.[citation needed] Another important predecessor was Lysander Spooner, a 19th-century American individualist anarchist and lawyer. John Locke was also an influence on libertarian legal theory (see Two Treatises of Government).
Ideas range from anarcho-capitalism to a minimal state providing physical protection and enforcement of contracts. Some advocate regulation, including the existence of a police force, military, public land and public infrastructure. Geolibertarians oppose absolute ownership of land on Georgist grounds.
Notable theorists[edit]
Authors discussing libertarian legal theory include:
- Randy Barnett (The Structure of Liberty)
- Frédéric Bastiat (The Law)
- Bruce L. Benson (The Enterprise of Law: Justice Without the State)
- Frank van Dun (The Fundamental Principle of Law)
- Richard Epstein (Skepticism and Freedom)
- David Friedman (The Machinery of Freedom)
- Friedrich Hayek (Law, Legislation and Liberty)
- Gene Healy
- Hans Hermann Hoppe (The Economics and Ethics of Private Property)
- Stephan Kinsella (Law in a Libertarian World: Legal Foundations of a Free Society)
- Bruno Leoni (Freedom and the Law)
- Robert P. Murphy (Chaos Theory)
- Andrew Napolitano
- Robert Nozick (Anarchy, State, and Utopia)
- Roger Pilon
- Ayn Rand (Capitalism: The Unknown Ideal)
- Murray Rothbard (The Ethics of Liberty)
- Bernard Siegan (Economic Liberties and the Constitution)
- Lysander Spooner (The Unconstitutionality of Slavery)
- Linda and Morris Tannehill (The Market for Liberty)
See also[edit]
- Constitutional economics
- Equality before the law
- Hans-Hermann Hoppe § Argumentation ethics
- Judicial activism
- Law and economics
- Outline of libertarianism
- Philosophy of law
- Polycentric law
- Rule according to higher law
References[edit]
- 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.
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