Retribution and Restitution: A Synthesis
In recent years a new and powerful critique of our current criminal justice system has been advanced by advocates of a totally new approach to crim
Legal System
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Inalienability and Punishment: A Reply to George Smith
In this article, Stephan Kinsella critiques George Smith’s recent article in Liberty magazine on capital punishment.
Reciprocal Exchange as the Basis for Recognition Of Law: Examples from American History
The literature of American legal history is primarily a history of federal and state governments, creating the false impression that these governme
Toward a Theory of Legal Naturalism
In legal philosophy there is perhaps no older, nor deeper, conflict than that which exists between legal positivists and natural law advocates.
Comment on Smith
A paper reviewing George Smith’s article “Justice Entrepreneurship in A Free Market” by Robert L. Formaini.
A Rationale for Punishment
Because problems concerning punishment arise at many intellectual levels, there is no one question or set of questions about punishment to be answe
The Proprietary Theory of Justice in the Libertarian Tradition
The central ideas of contemporary libertarianism have taken many centuries to evolve.
Customary Law With Private Means of Resolving Disputes and Dispensing Justice: A Description Of a Modern System of Law and Order Without State Coercion
It is not actually possible to describe what a system of privately produced law and order would be like in modem society because one cannot describ
The Invisible Hand Strikes Back
Surely one of the most significant occurrences on the intellectual scene during the past few years has been the emergence of a professor of philoso
Role of Personal Justice in Anarcho-capitalism, The
A criticism with which an anarcho-capitalist is usually assailed concerns the operation of free-market courts.
