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.
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- Matthew C. Stephenson, 2009. "Legal Realism for Economists," Journal of Economic Perspectives, American Economic Association, vol. 23(2), pages 191-211, Spring.
- 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.
- Todd J. Zywicki & Edward Peter Stringham, 2011. "Common Law and Economic Efficiency," Chapters, in: Production of Legal Rules, chapter 7 Edward Elgar Publishing.
- Peter T. Leeson, 2009. "The Laws of Lawlessness," The Journal of Legal Studies, University of Chicago Press, vol. 38(2), pages 471-503, 06.
- 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.
- Edward L. Glaeser & Andrei Shleifer, 2001.
Harvard Institute of Economic Research Working Papers
1920, Harvard - Institute of Economic Research.
- Powell, Benjamin & Stringham, Edward, 2009.
"Public choice and the economic analysis of anarchy: a survey,"
26097, University Library of Munich, Germany.
- Benjamin Powell & Edward Stringham, 2009. "Public choice and the economic analysis of anarchy: a survey," Public Choice, Springer, vol. 140(3), pages 503-538, September.
- 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.
- Salerno, Joseph T, 1993. "Mises and Hayek Dehomogenized: Review Essay," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 6(2), pages 113-46.
- La Porta, Rafael & Lopez-de-Silanes, Florencio & Shleifer, Andrei & Vishny, Robert W., 1998.
"Law and Finance,"
3451310, Harvard University Department of Economics.
- Rafael LaPorta & Florencio Lopez-de-Silanes & Andrei Shleifer & Robert W. Vishny, . "Law and Finance," Working Paper 19451, Harvard University OpenScholar.
- Rafael La Porta & Florencio Lopez-de-Silane & Andrei Shleifer & Robert W. Vishny, 1996. "Law and Finance," NBER Working Papers 5661, National Bureau of Economic Research, Inc.
- Rafael LaPorta & Florencio Lopez de-Silanes & Andrei Shleifer & Robert W. Vishny, 1996. "Law and Finance," Harvard Institute of Economic Research Working Papers 1768, Harvard - Institute of Economic Research.
- Hirshleifer, Jack, 1995.
"Anarchy and Its Breakdown,"
Journal of Political Economy,
University of Chicago Press, vol. 103(1), pages 26-52, February.
- Bruce Caldwell, 1997. "Hayek and Socialism," Journal of Economic Literature, American Economic Association, vol. 35(4), pages 1856-1890, December.
- 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.
- Todd Zywicki, 1998. "Epstein and Polanyi on Simple Rules, Complex Systems, and Decentralization," Constitutional Political Economy, Springer, vol. 9(2), pages 143-150, June.
- Peter T. Leeson, 2007. "Trading with Bandits," Journal of Law and Economics, University of Chicago Press, vol. 50, pages 303-321.
- 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.
- 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.
- Todd Zywicki, 2008. "Spontaneous order and the common law: Gordon Tullock’s critique," Public Choice, Springer, vol. 135(1), pages 35-53, April.
- J. Rosser & Marina Rosser, 2008.
"A critique of the new comparative economics,"
The Review of Austrian Economics,
Springer;Society for the Development of Austrian Economics, vol. 21(1), pages 81-97, March.
- 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.
- 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;Society for the Development of Austrian Economics, vol. 13(1), pages 81-95, February.
- 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.
- 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.
- 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.
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