Advanced Search
MyIDEAS: Login to save this article or follow this journal

Hayekian anarchism

Contents:

Author Info

  • Stringham, Edward Peter
  • Zywicki, Todd J.

Abstract

Should law be provided centrally by the state or by some other means? Even relatively staunch advocates of competition such as Friedrich Hayek believe that the state must provide law centrally. This article asks whether Hayek's theories about competition and the use of knowledge in society should lead one to support centrally provided law enforcement or competition in law. In writing about economics, Hayek famously described the competitive process of the market as a "discovery process." In writing about law, Hayek coincidentally referred to the role of the judge under the common law as "discovering" the law in the expectations and conventions of people in a given society. We argue that this consistent usage was more than a mere semantic coincidence--that the two concepts of discovery are remarkably similar in Hayek's thought and that his idea of economic discovery influenced his later ideas about legal discovery. Moreover, once this conceptual similarity is recognized, certain conclusions logically follow: namely, that just as economic discovery requires the competitive process of the market to provide information and feedback to correct errors, competition in the provision of legal services is essential to the judicial discovery in law. In fact, the English common law, from which Hayek drew his model of legal discovery, was itself a model of polycentric and competing sources of law throughout much of its history. We conclude that for the same reasons that made Hayek a champion of market competition over central planning of the economy, he should have also supported competition in legal services over monopolistic provision by the state--in short, Hayek should have been an anarchist.

Download Info

If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
File URL: http://www.sciencedirect.com/science/article/pii/S0167268111000370
Download Restriction: Full text for ScienceDirect subscribers only

As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.

Bibliographic Info

Article provided by Elsevier in its journal Journal of Economic Behavior & Organization.

Volume (Year): 78 (2011)
Issue (Month): 3 (May)
Pages: 290-301

as in new window
Handle: RePEc:eee:jeborg:v:78:y:2011:i:3:p:290-301

Contact details of provider:
Web page: http://www.elsevier.com/locate/jebo

Related research

Keywords: Friedrich Hayek Complexity in the law Legal pluralism Institutionalism Anarcho-liberalism;

References

References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
as in new window
  1. Adolphson, Mikael & Ramseyer, J. Mark, 2009. "The competitive enforcement of property rights in medieval Japan: The role of temples and monasteries," Journal of Economic Behavior & Organization, Elsevier, vol. 71(3), pages 660-668, September.
  2. Powell, Benjamin & Wilson, Bart J., 2008. "An experimental investigation of Hobbesian jungles," Journal of Economic Behavior & Organization, Elsevier, vol. 66(3-4), pages 669-686, June.
  3. J. B. Rosser-Jr. & M. Rosser., 2009. "A Critique of the New Comparative Economics," VOPROSY ECONOMIKI, N.P. Redaktsiya zhurnala "Voprosy Economiki", vol. 8.
  4. Stringham, Edward, 2003. "The extralegal development of securities trading in seventeenth-century Amsterdam," The Quarterly Review of Economics and Finance, Elsevier, vol. 43(2), pages 321-344.
  5. Boettke, Peter J., 2005. "On reading Hayek: Choice, consequences and The Road to Serfdom," European Journal of Political Economy, Elsevier, vol. 21(4), pages 1042-1053, December.
  6. Peter T. Leeson, 2007. "An-arrgh-chy: The Law and Economics of Pirate Organization," Journal of Political Economy, University of Chicago Press, vol. 115(6), pages 1049-1094, December.
  7. Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer & Robert W. Vishny, 1998. "Law and Finance," Journal of Political Economy, University of Chicago Press, vol. 106(6), pages 1113-1155, December.
  8. Powell, Benjamin & Ford, Ryan & Nowrasteh, Alex, 2008. "Somalia after state collapse: Chaos or improvement?," Journal of Economic Behavior & Organization, Elsevier, vol. 67(3-4), pages 657-670, September.
  9. Powell, Benjamin & Stringham, Edward P., 2008. "Public Choice and the Economic Analysis of Anarchy: A Survey," Working Papers 2008-7, Suffolk University, Department of Economics.
  10. Edward L. Glaeser & Andrei Shleifer, 2001. "Legal Origins," NBER Working Papers 8272, National Bureau of Economic Research, Inc.
  11. Bush, Winston C. & Mayer, Lawrence S., 1974. "Some implications of anarchy for the distribution of property," Journal of Economic Theory, Elsevier, vol. 8(4), pages 401-412, August.
  12. Peter T. Leeson, 2007. "Trading with Bandits," Journal of Law and Economics, University of Chicago Press, vol. 50, pages 303-321.
  13. Leeson, Peter T., 2007. "Better off stateless: Somalia before and after government collapse," Journal of Comparative Economics, Elsevier, vol. 35(4), pages 689-710, December.
  14. Bruce Caldwell, 1997. "Hayek and Socialism," Journal of Economic Literature, American Economic Association, vol. 35(4), pages 1856-1890, December.
  15. Todd Zywicki, 1998. "Epstein and Polanyi on Simple Rules, Complex Systems, and Decentralization," Constitutional Political Economy, Springer, vol. 9(2), pages 143-150, June.
  16. Salerno, Joseph T, 1993. " Mises and Hayek Dehomogenized: Review Essay," The Review of Austrian Economics, Springer, vol. 6(2), pages 113-46.
  17. Hirshleifer, Jack, 1995. "Anarchy and Its Breakdown," Journal of Political Economy, University of Chicago Press, vol. 103(1), pages 26-52, February.
  18. Zywicki, Todd J, 2000. " "Was Hayek Right about Group Selection after All?": Review Essay of Unto Others: The Evolution and Psychology of Unselfish Behavior, by Elliott Sober and David Sloan Wilson," The Review of Austrian Economics, Springer, vol. 13(1), pages 81-95, February.
  19. Todd Zywicki, 2008. "Spontaneous order and the common law: Gordon Tullock’s critique," Public Choice, Springer, vol. 135(1), pages 35-53, April.
  20. Matthew C. Stephenson, 2009. "Legal Realism for Economists," Journal of Economic Perspectives, American Economic Association, vol. 23(2), pages 191-211, Spring.
  21. Peter T. Leeson, 2009. "The Laws of Lawlessness," The Journal of Legal Studies, University of Chicago Press, vol. 38(2), pages 471-503, 06.
  22. Peter T. Leeson, 2006. "Self-Enforcing Arrangements and Heterogeneous Groups," American Journal of Economics and Sociology, Wiley Blackwell, vol. 65(4), pages 891-907, October.
Full references (including those not matched with items on IDEAS)

Citations

Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
as in new window

Cited by:
  1. Edward Stringham, 2014. "Extending the Analysis of Spontaneous Market Order to Governance," Atlantic Economic Journal, International Atlantic Economic Society, vol. 42(2), pages 171-180, June.
  2. Skarbek, David, 2012. "Prison gangs, norms, and organizations," Journal of Economic Behavior & Organization, Elsevier, vol. 82(1), pages 96-109.
  3. Peter Boettke & Rosolino Candela, 2014. "Hayek, Leoni, and Law as the Fifth Factor of Production," Atlantic Economic Journal, International Atlantic Economic Society, vol. 42(2), pages 123-131, June.
  4. Benjamin Powell & Edward Stringham, 2012. "Radical scholarship taking on the mainstream: Murray Rothbard’s contribution," The Review of Austrian Economics, Springer, vol. 25(4), pages 315-327, December.

Lists

This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

Statistics

Access and download statistics

Corrections

When requesting a correction, please mention this item's handle: RePEc:eee:jeborg:v:78:y:2011:i:3:p:290-301. See general information about how to correct material in RePEc.

For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Zhang, Lei).

If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

If references are entirely missing, you can add them using this form.

If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

Please note that corrections may take a couple of weeks to filter through the various RePEc services.