Economists who have written on punishment find Rothbard's “double restitution” idea puzzling, because they think about it only in terms of economic efficiency. But Rothbard's theory is based on a moral principle.
In a free market, goods pass to those who are willing to pay the most to get them. A legal system that allows people to bid against each another for the goods they want displays equal concern for its citizens.
The political theorist Douglas W. Rae argues that to get the advantages of Hayekian freedom, everybody should be guaranteed a minimum amount of resources so that they can fully participate in the market.