Anarchist law

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Anarchist law is a body of norms regarding behavior and decision-making operative within an anarchist community. The term is used in a series of ongoing debates within the various branches of anarchist theory regarding if and how norms of individual and/or collective behavior and decision-making should be created and enforced. Although many anarchists would consider "anarchist law" simply synonymous with natural law, others contend law in anarchy would have additional, unique elements. [1] Over the course of the last two hundred years as anarchism has grown and evolved to include diverse strains, there have been different conceptions of "anarchist law" produced and discussed, or used in practice by anarchist networks such as Peoples' Global Action [2] or Indymedia. [3]

Contents

Non-coercion

The most fundamental maxim of many anarchist tendencies is that no individual has the right to coerce another individual, and that everyone has the right to defend themselves against coercion (the non-aggression principle or zero aggression principle). Systems typically considered coercive include the state, capitalism, and institutional oppression. This basic principle, like mutual aid, is foundational to much of anarchist law, and indeed much of anarchist theory. Peter Kropotkin, a prominent anarcho-communist, stated it was "best summed up by the maxim 'do unto others as you would have them do unto you.'" In short, anarchist philosophy includes the "ethic of reciprocity," but typically condones violence intended to retaliate against or dismantle systems of oppression (with the exception of anarcho-pacifism, some Christian anarchism and other nonviolent/pacifistic movements.) [4]

Consensus-based social contracts

Since the principle of non-coercion makes hierarchical state structures unfeasible, anarchist communities must find an alternative basis for setting the rules of engagement within a collective. Accordingly, virtually all anarchist legal models begin with the assumption that whatever rules are set in place must be freely agreed to by the entirety of the community that is to be governed by them in a setting free from coercion or intimidation. Such freely given consent constitutes a social contract, though the exact nature of such contracts is a matter of heated debate. [5]

Some anarchist legal theorists hold that an ideal anarchist society should be based strictly on natural law and mutual aid, which require no social contract. [6]

However, many anarchist theorists completely reject the concept of natural law as coercive and man-made. Natural law in this view is merely disguising authoritarianism so the oppressor does not have to take credit for it. Social anarchists, mutualists and many individualist anarchists reject private property, a core principle of most natural law theories. [7]

Free association

Free association (also called voluntary association) also implies the right of individuals to form those exact social contracts. This freedom to not associate means if the terms of a social contract become unacceptable to an individual member or sub-group(s) within a society, the discontented have the right to secede from the contract. They may also form new associations with others that more closely fit their needs. [8]

Mutual aid

The principle of mutual aid, originally identified by Peter Kropotkin as arising from natural law, is that since evolution occurs in groups –not individuals –it is evolutionarily advantageous for members of a community to assist each other. The anarchist approach to building power –and structuring power relationships –is derived from this evolutionary and biological imperative. In a nutshell the argument is that since individuals require the assistance of groups to self-actualize, individuals have a strong self-interest in the good of the community to which they belong. It follows that (freely associating) collectives of individuals working for mutual improvement and mutual goals must form the basis of any anarchist society, thus providing the sociological and economic imperative for the creation of social contracts capable of binding these self-selecting groups together. [6]

In a pre-revolutionary situation, the principle of "mutual aid" is the moral imperative that drives efforts by contemporary anarchists to provide material aid to victims of natural disasters; [9] those that are homeless or poor, and others who have been left without access to food or clean drinking water, or other basic necessities.

Enforceability

Enforceability is one of the most controversial areas of anarchist law. Early writers such as Proudhon argued that it was legitimate for working-class people to self-organize against criminals who prey on the weak, a process which would unequivocally entail some degree of coercion. [10]

Decision-making

Common techniques for decision-making, including decisions about the de facto laws themselves, among non-hierarchical societies include various forms of formal consensus, [3] supermajority voting, "consensus minus one" and direct democracy. [11] Anthropologist David Graeber argues that any community that lacks a centralized mechanism of force (a state) will naturally gravitate toward some form of consensus decision-making.

Examples

See also

Related Research Articles

Anarchism is a political philosophy and movement that is against all forms of authority and seeks to abolish the institutions it claims maintain unnecessary coercion and hierarchy, typically including the state and capitalism. Anarchism advocates for the replacement of the state with stateless societies and voluntary free associations. As a historically left-wing movement, this reading of anarchism is placed on the farthest left of the political spectrum, usually described as the libertarian wing of the socialist movement.

Individualist anarchism is the branch of anarchism that emphasizes the individual and their will over external determinants such as groups, society, traditions, and ideological systems. Although usually contrasted with social anarchism, both individualist and social anarchism have influenced each other. Mutualism, an economic theory sometimes considered a synthesis of communism, market economy and property, has been considered individualist anarchism and other times part of social anarchism. Many anarcho-communists regard themselves as radical individualists, seeing anarcho-communism as the best social system for the realization of individual freedom. Some anarcho-capitalists claim anarcho-capitalism is part of the individualist anarchist tradition, while others disagree and claim individualist anarchism is only part of the socialist movement and part of the libertarian socialist tradition. Economically, while European individualist anarchists are pluralists who advocate anarchism without adjectives and synthesis anarchism, ranging from anarcho-communist to mutualist economic types, most American individualist anarchists of the 19th century advocated mutualism, a libertarian socialist form of market socialism, or a free-market socialist form of classical economics. Individualist anarchists are opposed to property that violates the entitlement theory of justice, that is, gives privilege due to unjust acquisition or exchange, and thus is exploitative, seeking to "destroy the tyranny of capital,—that is, of property" by mutual credit.

Individualism is the moral stance, political philosophy, ideology and social outlook that emphasizes the intrinsic worth of the individual. Individualists promote realizing one's goals and desires, valuing independence and self-reliance, and advocating that the interests of the individual should gain precedence over the state or a social group, while opposing external interference upon one's own interests by society or institutions such as the government. Individualism makes the individual its focus, and so starts "with the fundamental premise that the human individual is of primary importance in the struggle for liberation".

Anarchist communism is a political philosophy and anarchist school of thought that advocates communism. It calls for the abolition of private property but retention of personal property and collectively-owned items, goods, and services. It supports social ownership of property and the distribution of resources "From each according to his ability, to each according to his needs".

<span class="mw-page-title-main">Peter Kropotkin</span> Russian anarchist (1842–1921)

Pyotr Alexeyevich Kropotkin was a Russian anarchist and geographer known as a proponent of anarchist communism.

<i>Mutual Aid: A Factor of Evolution</i> 1902 essay collection by Peter Kropotkin

Mutual Aid: A Factor of Evolution is a 1902 collection of anthropological essays by Russian naturalist and anarchist philosopher Peter Kropotkin. The essays, initially published in the English periodical The Nineteenth Century between 1890 and 1896, explore the role of mutually beneficial cooperation and reciprocity in the animal kingdom and human societies both past and present. It is an argument against theories of social Darwinism that emphasize competition and survival of the fittest, and against the romantic depictions by writers such as Jean-Jacques Rousseau, who thought that cooperation was motivated by universal love. Instead, Kropotkin argues that mutual aid has pragmatic advantages for the survival of human and animal communities and, along with the conscience, has been promoted through natural selection.

Anarchist economics is the set of theories and practices of economic activity within the political philosophy of anarchism. Anarchists are anti-authoritarian and anti-capitalist, with anarchism usually referred to as a form of libertarian socialism, i.e. a stateless system of socialism. Anarchists support personal property and oppose capital concentration, interest, monopoly, private ownership of productive property such as the means of production, profit, rent, usury and wage slavery which are viewed as inherent to capitalism.

The nature of capitalism is criticized by left-wing anarchists, who reject hierarchy and advocate stateless societies based on non-hierarchical voluntary associations. Anarchism is generally defined as the libertarian philosophy which holds the state to be undesirable, unnecessary and harmful as well as opposing authoritarianism, illegitimate authority and hierarchical organization in the conduct of human relations. Capitalism is generally considered by scholars to be an economic system that includes private ownership of the means of production, creation of goods or services for profit or income, the accumulation of capital, competitive markets, voluntary exchange and wage labor, which have generally been opposed by most anarchists historically. Since capitalism is variously defined by sources and there is no general consensus among scholars on the definition nor on how the term should be used as a historical category, the designation is applied to a variety of historical cases, varying in time, geography, politics and culture.

Mutualism is an anarchist school of thought and economic theory that advocates for workers' control of the means of production, a market economy made up of individual artisans and workers' cooperatives, and occupation and use property rights. As proponents of the labour theory of value and labour theory of property, mutualists oppose all forms of economic rent, profit and non-nominal interest, which they see as relying on the exploitation of labour. Mutualists seek to construct an economy without capital accumulation or concentration of land ownership. They also encourage the establishment of workers' self-management, which they propose could be supported through the issuance of mutual credit by mutual banks, with the aim of creating a federal society.

Libertarianism is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, emphasizing equality before the law and civil rights to freedom of association, freedom of speech, freedom of thought and freedom of choice. Libertarians are often skeptical of or opposed to authority, state power, warfare, militarism and nationalism, but some libertarians diverge on the scope of their opposition to existing economic and political systems. Various schools of libertarian thought offer a range of views regarding the legitimate functions of state and private power. Different categorizations have been used to distinguish various forms of Libertarianism. Scholars distinguish libertarian views on the nature of property and capital, usually along left–right or socialist–capitalist lines. Libertarians of various schools were influenced by liberal ideas.

Anarchism is generally defined as the political philosophy which holds the state to be undesirable, unnecessary and harmful as well as opposing authority and hierarchical organization in the conduct of human relations. Proponents of anarchism, known as anarchists, advocate stateless societies based on non-hierarchical voluntary associations. While anarchism holds the state to be undesirable, unnecessary and harmful, opposition to the state is not its central or sole definition. Anarchism can entail opposing authority or hierarchy in the conduct of all human relations.

Individualist anarchism in the United States was strongly influenced by Benjamin Tucker, Josiah Warren, Ralph Waldo Emerson, Lysander Spooner, Pierre-Joseph Proudhon, Max Stirner, Herbert Spencer and Henry David Thoreau. Other important individualist anarchists in the United States were Stephen Pearl Andrews, William Batchelder Greene, Ezra Heywood, M. E. Lazarus, John Beverley Robinson, James L. Walker, Joseph Labadie, Steven Byington and Laurance Labadie.

The following outline is provided as an overview of and topical guide to anarchism:

The following is a list of terms specific to anarchists. Anarchism is a political and social movement which advocates voluntary association in opposition to authoritarianism and hierarchy.

Anarchy is a form of society without rulers. As a kind of stateless society, it is commonly contrasted with states, which are centralised polities that claim a monopoly on violence over a permanent territory. Beyond a lack of government, it can more precisely refer to societies that lack any form of authority or hierarchy. While viewed positively by anarchists, the primary advocates of anarchy, it is viewed negatively by advocates of statism, who see it in terms of social disorder.

Social anarchism, also known as left-wing anarchism or socialist anarchism, is the branch of anarchism that sees liberty and social equality as interrelated.

Anti-statism is any approach to social, economic or political philosophy that rejects statism. An anti-statist is one who opposes state. In anarchism, this is characterized by a complete rejection of all social hierarchical rulership. Acracy The negation of rule or "government by none". While "anarchy" refers to the absence of a hierarchical society-organizing power principle, "acracy" refers to the absence of coercion; the condition of acracy is one of voluntary order. Derived from the Greek α- [no] and κρατία [system of government]. Although minarchist is considered by many of it' supporters as anti-statist, it accepts minimal state making it statist.

Collectivist anarchism, also called anarchist collectivism and anarcho-collectivism, is an anarchist school of thought that advocates the abolition of both the state and private ownership of the means of production. In their place, it envisions both the collective ownership of the means of production and the entitlement of workers to the fruits of their own labour, which would be ensured by a societal pact between individuals and collectives. Collectivists considered trade unions to be the means through which to bring about collectivism through a social revolution, where they would form the nucleus for a post-capitalist society.

<span class="mw-page-title-main">Anarchist criminology</span> School of thought in criminology

Anarchist criminology is a school of thought in criminology that draws on influences and insights from anarchist theory and practice. Building on insights from anarchist theorists including Pierre-Joseph Proudhon and Peter Kropotkin, anarchist criminologists' approach to the causes of crime emphasises what they argue are the harmful effects of the state. Anarchist criminologists, a number of whom have produced work in the field since the 1970s, have critiqued the political underpinnings of criminology and emphasised the political significance of forms of crime not ordinarily considered to be political. Anarchists propose the abolition of the state; accordingly, anarchist criminologists tend to argue in favour of forms of non-state justice. The principles and arguments of anarchist criminology share certain features with those of Marxist criminology, critical criminology and other schools of thought within the discipline, while also differing in certain respects.

References

  1. ↑ "Anarchism and Law". The Anarchist Library. Retrieved 6 February 2023.
  2. ↑ "Organisational Principles". Peoples' Global Action. Archived from the original on 15 October 2006. Retrieved 2006-10-29.
  3. 1 2 "Principles of Unity". Indymedia. Archived from the original on 2016-03-03. Retrieved 2006-10-28.
  4. ↑ Tamblyn, Nathan (2019). "The Common Ground of Law and Anarchism". Liverpool Law Review. 40: 65–78. doi:10.1007/s10991-019-09223-1. hdl: 10871/36939 . S2CID   155131683. Archived from the original on 2020-10-09. Retrieved 2020-09-24.
  5. ↑ Tamblyn, Nathan (April 30, 2019). "The Common Ground of Law and Anarchism". Liverpool Law Review. 40 (1): 65–78. doi: 10.1007/s10991-019-09223-1 . hdl: 10871/36939 . ISSN   1572-8625.
  6. 1 2 "Anarchist Writers – Anarchist analysis & the Anarchist FAQ". Archived from the original (PDF) on 2021-04-10. Retrieved 2020-09-30.
  7. ↑ "The Myth of "Natural Law"". Archived from the original on 2020-10-28. Retrieved 2020-09-27.
  8. ↑ "Archived copy". Archived from the original on 2021-08-13. Retrieved 2020-09-30.{{cite web}}: CS1 maint: archived copy as title (link)
  9. ↑ "Katrina Relief". Archived from the original on 2006-06-13. Retrieved 2006-06-13.
  10. ↑ Ritter, Alan (1975). "Godwin, Proudhon and the Anarchist Justification of Punishment". Political Theory. 3: 69–87. doi:10.1177/009059177500300107. S2CID   149216607.
  11. ↑ "A.2.11 Why are most anarchists in favour of direct democracy?". Infoshop. Archived from the original on 25 October 2006. Retrieved 2006-10-28.

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