The Journal of Libertarian Studies

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Home | Mises Library | Restitution in Theory and Practice

Restitution in Theory and Practice

  • The Journal of Libertarian Studies

Tags Free MarketsLegal SystemPhilosophy and Methodology

07/30/2014Bruce L. Benson

Murray Rothbard explained that “Few aspects of libertarian political theory are in less satisfactory state than the theory of punishment.” Rothbard certainly advanced this theory significantly, of course, by expounding upon the theory of “proportionality” and explaining the role of restitution in a libertarian society. But as he noted, in a libertarian world “there are only two parties to a dispute or action at law: the victim, or plaintiff, and the alleged criminal or wrong-doer. In a libertarian world, there would be no crime against an ill-defined ‘society’, and therefore no such person as a ‘district attorney’ who decides on a charge and then presses those charges against an alleged criminal.”

Volume 12, Number 1 (1996)

Cite This Article

Benson, Bruce L. "Restitution in Theory and Practice." Journal of Libertarian Studies 12, No. 1 (1996): 75–97.

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