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Anarchist law is a term variously used to describe the apparent norms regarding behavior and decision-making operative within an anarchist community from the perspective of a law-normative viewpoint. Although many anarchists would consider "anarchist law" simply synonymous with natural law, others contend law as implied in anarchy by outside observers 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]
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]
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 (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]
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 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]
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.
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. A historically left-wing movement, anarchism is usually described as the libertarian wing of the socialist movement.
Anarcho-capitalism is an anti-statist, libertarian political philosophy and economic theory that seeks to abolish centralized states in favor of stateless societies with systems of private property enforced by private agencies, based on concepts such as the non-aggression principle, free markets and self-ownership. An anarcho-capitalist philosophy extends the concept of ownership to include control of private property as part of the self, and, in some cases, control of other people as private property. In the absence of statute, anarcho-capitalists hold that society tends to contractually self-regulate and civilize through participation in the free market, which they describe as a voluntary society involving the voluntary exchange of goods and services. In a theoretical anarcho-capitalist society a system of private property would still exist, and would be enforced by private defense agencies and/or insurance companies that were selected by property owners, whose ownership rights or claims would be enforced by private defence agencies and/or insurance companies. These agencies or companies would operate competitively in a market and fulfill the roles of courts and the police, similar to a state apparatus. Some anarcho-capitalist authors have argued that slavery is compatible with anarcho-capitalist ideals.
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. 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.
Pyotr Alexeyevich Kropotkin was a Russian anarchist and geographer known as a proponent of anarchist communism.
Anarcho-pacifism, also referred to as anarchist pacifism and pacifist anarchism, is an anarchist school of thought that advocates for the use of peaceful, non-violent forms of resistance in the struggle for social change. Anarcho-pacifism rejects the principle of violence which is seen as a form of power and therefore as contradictory to key anarchist ideals such as the rejection of hierarchy and dominance. Many anarcho-pacifists are also Christian anarchists, who reject war and the use of violence.
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.
According to different scholars, the history of anarchism either goes back to ancient and prehistoric ideologies and social structures, or begins in the 19th century as a formal movement. As scholars and anarchist philosophers have held a range of views on what anarchism means, it is difficult to outline its history unambiguously. Some feel anarchism is a distinct, well-defined movement stemming from 19th-century class conflict, while others identify anarchist traits long before the earliest civilisations existed.
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 anti-capitalist market socialist 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.
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.
The following outline is provided as an overview of and topical guide to libertarianism:
Anarchy is a form of society without rulers. As a type 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.
Benjamin Ricketson Tucker was an American individualist anarchist and self-identified socialist. Tucker was the editor and publisher of the American individualist anarchist periodical Liberty (1881–1908). Tucker described his form of anarchism as "consistent Manchesterism" and "unterrified Jeffersonianism".
Pierre-Joseph Proudhon was a French anarchist, socialist, philosopher, and economist who founded mutualist philosophy and is considered by many to be the "father of anarchism". He was the first person to call himself an anarchist, using that term, and is widely regarded as one of anarchism's most influential theorists. Proudhon became a member of the French Parliament after the Revolution of 1848, whereafter he referred to himself as a federalist. Proudhon described the liberty he pursued as the synthesis of community and individualism. Some consider his mutualism to be part of individualist anarchism while others regard it to be part of social anarchism.
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.
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.
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