David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
A legal system is any institution or set of institutions in a given society that provides dispute resolution in a systematic and reasonably predictable way. it does so through the exercise of three functions: the judicial, the legislative, and the executive. The judicial function, the adjudication of disputes, is the core of any legal system; the other two are ancillary to this. The legislative function is to determine the rules that will govern the process of adjudication (this function may be merged with the judicial function, as when case law arises through precedents, or it may be exercised separately), while the executive function is to secure submission (through a variety of means, which may or may not include violence) to the adjudicative process and compliance with its verdicts. A government or state (for present purposes i shall use these terms interchangeably) is any organisation that claims, and in large part achieves, a forcibly maintained monopoly, within a given geographical territory, of these legal functions, and in particular of the use of force in the executive function. now the market anarchist objection to government is simply a logical extension of the standard libertarian objection to coercive monopolies in general.1 First, from a moral point of view, among people regarded as equals2 it cannot be legitimate for some to claim a certain line of work as their own privileged preserve from which others are to be forcibly excluded; we no longer believe in the divine right of kings, and on no other basis could such inequality of rights be justified. Second, from an economic point of view, because monopolies are insulated from market competition and hold their customers by force, they lack both the information and the incentive to provide consumers with fair, efficient, and inexpensive service. The anarchist accepts these arguments, and merely asks why they should apply with any less force to the provision of legal services.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Katrina L. Sifferd (2013). Translating Scientific Evidence Into the Language of the ‘Folk’: Executive Function as Capacity-Responsibility. In Nicole A. Vincent (ed.), Legal Responsibility and Neuroscience. Oxford University Press.
Anthony Reeves (2011). Judicial Practical Reason: Judges in Morally Imperfect Legal Orders. Law and Philosophy 30 (3):319-352.
Antonio Argandoña (2004). Economic Ethics and Institutional Change. Journal of Business Ethics 53 (1-2):191-201.
Suzanne Hala (2004). The Role of Executive Function in Constructing an Understanding of Mind. Behavioral and Brain Sciences 27 (1):108-109.
Osamu Kiritani (2011). Function and Modality. Journal of Mind and Behavior 32 (1):1-4.
Robert Elliott Allinson (2004). Circles Within a Circle: The Condition for the Possibility of Ethical Business Institutions Within a Market System. [REVIEW] Journal of Business Ethics 53 (1-2):17-28.
Kenneth M. Ehrenberg (2011). The Anarchist Official: A Problem for Legal Positivism. Australian Journal of Legal Philosophy 36:89-112.
Added to index2009-02-16
Total downloads13 ( #119,415 of 1,098,981 )
Recent downloads (6 months)1 ( #287,052 of 1,098,981 )
How can I increase my downloads?