Libertarian theories of law build upon classical liberal and individualist doctrines.

Definition

The defining characteristics of libertarian legal theory are its insistence that government intervention should be kept to a minimum and that the primary functions of law should be enforcement of contracts and social order, though the latter is seen as a desirable side effect of a free market rather than a philosophical necessity.

Ideas range from anarcho-capitalism to a minimal state that provides 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.

History

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 also influenced libertarian legal theory.

Notable theorists

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 (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 (Natural Law; or The Science of Justice )
  • Linda and Morris Tannehill (The Market for Liberty)

See also

  • Anarchist law
  • Constitutional economics
  • Equality before the law
  • Judicial activism
  • Law and economics
  • Outline of libertarianism
  • Philosophy of law
  • Polycentric law
  • Rule according to higher law

References

  • Randy Barnett (1998). The Structure of Liberty: Justice and the Rule of Law. Oxford: Clarendon Press. .
  • Richard Epstein (2003). Skepticism and Freedom: A Modern Case for Classical Liberalism. Chicago: University of Chicago Press. .
  • Friedrich Hayek (1981). Law, Legislation and Liberty: The Political Order of a Free People. Chicago: University of Chicago Press. , .
  • "The Structure of Liberty"
  • "Legal Theory Lexicon: Libertarian Theories of Law"