The Enterprise of Law: Justice Without the State / Edition 1

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Paperback New 0936488301. Flawless copy, brand new, pristine, never opened--396 pages. Descriptions: "Who would question the need for the state to provide and enforce law? Bruce ... Benson, that's who. A professor of economics at Florida State University, this is Benson's blockbuster, pioneering treatise, the one that broke up a completely new field study and forced the rethinking of this entire sector. Benson argues that public dissatisfaction with legal institutions is as prevalent as public disgust with many public institutions. That's hardly surprising. They are funded through taxes, run by bureaucracies, are famously inefficient, lack the capacity to calculate economically, and ignore the demands of consumers. So is there another way? Yes, and here is where Benson shocks: he wants complete privatization. He says that private-sector institutions are capable of establishing strong incentives that lead to effective law making and law enforcement. The resulting legal constraints facilitate interaction and s Read more Show Less

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Overview

Includes details on how private sector institutions can support social order, foster cooperation and reduce violent confrontations.
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Editorial Reviews

Booknews
Published by Pacific Research Institute, 177 Post Street, San Francisco CA 94108. Annotation c. Book News, Inc., Portland, OR (booknews.com)
From the Publisher

"Benson's book is an important contribution to law and economics literature. He properly emphasizes the role of institutions in shaping incentive and the role of incentives in shaping institutions."  —Henry G. Manne, dean emeritus, School of Law, George Mason University

“In The Enterprise of Law, Bruce Benson provides us with the most comprehensive treatise on private sector alternatives to government law enforcement available today. Benson systematically addresses all the issues, arguments, and objections surrounding the growing role of market institutions in the legal system. But his book is more than a mere defense of current privatization trends in protective services, corrections, and dispute resolution. The Enterprise of Law questions the seemingly axiomatic proposition that law and order are “necessary functions of government.”  —CATO Journal

“Benson's book, The Enterprise of Law, promises to do for privately produced law what [Lawrence] White's work did for free banking. Benson has produced a carefully researched and comprehensive introduction to polycentric law. It is sure to stimulate further work in the field. . . . . I suggest Benson's The Enterprise of Law as the best general overview of the field.”  —Tom W. Bell, law professor, Chapman University

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Product Details

  • ISBN-13: 9780936488301
  • Publisher: Pacific Research Institute for Public Policy
  • Publication date: 1/28/1990
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 400

Meet the Author

Bruce L. Benson is the recipient of the Ludwig von Mises Prize and the Adam Smith Award, a senior fellow of the Independent Institute, and a contributing editor of the Independent Review. He is a professor of economics at Florida State University, has written numerous articles and reviews, and is the author of The Economic Anatomy of Drug War, Privatization in Criminal Justice, and To Serve and Protect. He lives in Tallahassee, Florida.

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Table of Contents

Preface: The Enterprise of Law after Twenty Years ix

Acknowledgments xv

1 Introduction 1

Part I From Voluntary to Authoritarian Law

2 Customary Legal Systems with Voluntary Enforcement 11

3 The Rise of Authoritarian Law 43

Part II A Public Choice Approach to Authoritarian Law

4 Law and Justice as a Political Market 87

5 The Demand Side of the Political Market 105

6 The Supply Side of the Political Market 127

7 Corruption of Law Enforcement Officials 159

Part III Reemergence of Private Alternatives

8 Contracting Out for Law and Justice 179

9 Current Trends in Privatization 201

10 Benefits of Privatizaton 235

Appendix to Chapter 10 253

Part IV Rationalizing Authoritarian Law

11 Market Failure in Law and Justice 271

12 The Legal Monopoly on Coercion 291

Appendix to Chapter 12 312

Part V From Authoritarian to Private Law

13 Political Barriers to Privatization 331

14 Envisioning a Private System 349

Index 379

About the Author 397

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