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.
Randy Evan Barnett is an American legal scholar. He serves as the Patrick Hotung Professor of Constitutional Law at Georgetown University, where he teaches constitutional law and contracts, and is the director of the Georgetown Center for the Constitution.
Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law. The field emerged in the United States during the early 1960s, primarily from the work of scholars from the Chicago school of economics such as Aaron Director, George Stigler, and Ronald Coase. The field uses economics concepts to explain the effects of laws, assess which legal rules are economically efficient, and predict which legal rules will be promulgated. There are two major branches of law and economics; one based on the application of the methods and theories of neoclassical economics to the positive and normative analysis of the law, and a second branch which focuses on an institutional analysis of law and legal institutions, with a broader focus on economic, political, and social outcomes, and overlapping with analyses of the institutions of politics and governance.
Lochner v. New York, 198 U.S. 45 (1905), was a landmark decision of the U.S. Supreme Court holding that a New York State statute that prescribed maximum working hours for bakers violated the bakers' right to freedom of contract under the Fourteenth Amendment to the U.S. Constitution. The decision has since been effectively overturned.
The University of Chicago Law School is the law school of the University of Chicago, a private research university in Chicago, Illinois. It employs more than 180 full-time and part-time faculty and hosts more than 600 students in its Juris Doctor program, while also offering the Master of Laws, Master of Studies in Law and Doctor of Juridical Science degrees in law.
Restoring the Lost Constitution: The Presumption of Liberty is a 2003 book about the United States Constitution written by Randy Barnett, a professor of law at the Georgetown University Law Center. In the book, Barnett outlines his theory of constitutional legitimacy, interpretation, and construction. He argues that the Constitution should be interpreted by its "original meaning", distinct from the Founding Fathers' original intent.
Cass Robert Sunstein is an American legal scholar known for his work in constitutional law, administrative law, environmental law, and behavioral economics. He is also The New York Times best-selling author of The World According to Star Wars (2016) and Nudge (2008). He was the administrator of the White House Office of Information and Regulatory Affairs in the Obama administration from 2009 to 2012.
Stephen Fain Williams was an American lawyer and jurist who was a U.S. circuit judge of the U.S. Court of Appeals for the District of Columbia Circuit from 1986 until his death from COVID-19 in 2020.
The Lochner era was a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies". The court did this by using its interpretation of substantive due process to strike down laws held to be infringing on economic liberty or private contract rights. The era takes its name from a 1905 case, Lochner v. New York. The beginning of the era is usually marked earlier, with the Court's decision in Allgeyer v. Louisiana (1897), and its end marked forty years later in the case of West Coast Hotel Co. v. Parrish (1937), which overturned an earlier Lochner-era decision.
The New York University School of Law is the law school of New York University, a private research university in New York City.
Jeremy Waldron is a New Zealand legal philosopher. He holds a University Professorship at the New York University School of Law, is affiliated with the New York University Department of Philosophy, and was formerly the Chichele Professor of Social and Political Theory at All Souls College, Oxford University. Waldron also holds an adjunct professorship at Victoria University of Wellington. Waldron is regarded as one of the world's leading legal and political philosophers.
Peter Berkowitz is an American political philosopher and legal scholar. In 2019–2021, he served as the Director of Policy Planning at the United States Department of State. He currently serves as the Tad and Dianne Taube Senior Fellow at the Hoover Institution of Stanford University and as director of studies for The Public Interest Fellowship. He is also a member of the American Academy of Science and Letters and a columnist for RealClearPolitics.
William Michael Treanor is an American attorney and legal scholar. He is the dean of Georgetown University Law Center, the former dean of Fordham University School of Law, and an expert on constitutional law, having twice been cited in Supreme Court opinions. He continues to teach as a professor. Treanor held several high-profile government positions and he is an advocate of civil service. His teaching and work evidence Treanor's commitment to his philosophy of a complete legal education: "Intellectual excellence, the craft of lawyering, and dedication to public service."
Libertarian paternalism is the idea that it is both possible and legitimate for private and public institutions to affect behavior while also respecting freedom of choice, as well as the implementation of that idea. The term was coined by behavioral economist Richard Thaler and legal scholar Cass Sunstein in a 2003 article in the American Economic Review. The authors further elaborated upon their ideas in a more in-depth article published in the University of Chicago Law Review that same year. They propose that libertarian paternalism is paternalism in the sense that "it tries to influence choices in a way that will make choosers better off, as judged by themselves" ; note and consider, the concept paternalism specifically requires a restriction of choice. It is libertarian in the sense that it aims to ensure that "people should be free to opt out of specified arrangements if they choose to do so". The possibility to opt out is said to "preserve freedom of choice". Thaler and Sunstein published Nudge, a book-length defense of this political doctrine, in 2008.
Consequentialist libertarianism, also known as consequentialist liberalism or libertarian consequentialism, is a libertarian political philosophy and position that is supportive of a free market and strong private property rights only on the grounds that they bring about favorable consequences such as prosperity or efficiency.
Richard H. Pildes is an American legal scholar who is the Sudler Family Professor of Constitutional Law at the New York University School of Law and a expert on constitutional law, the Supreme Court, the system of government in the United States, and legal issues concerning the structure of democracy, including election law. His scholarship focuses on public law and legal issues affecting democracy.
The Brigham–Kanner Property Rights Conference was organized in 2003 at the Marshall-Wythe School of Law at the College of William & Mary, with the first conference held in October 2004. The Conference and Prize were proposed in 2003 by Joseph T. Waldo, a graduate of the Marshall–Wythe School of Law with the support of the then dean of the law school, W. Taylor Reveley III who would later become president of the college.
The Brigham–Kanner Property Rights Prize is awarded each Fall by the William & Mary Law School, at the Brigham–Kanner Property Rights Conference. The Conference and Prize were proposed in 2003 by Joseph T. Waldo, a graduate of the Marshall–Wythe School of Law with the support of the then Dean of the Law School, W. Taylor Reveley III, who would later become president of the college. The Conference and Prize were inaugurated in 2004. The Conference and Prize are named after Toby Prince Brigham and Gideon Kanner for "their contributions to private property rights, their efforts to advance the constitutional protection of property, and their accomplishments in preserving the important role that private property plays in protecting individual and civil rights." Toby Prince Brigham is a founding partner of Brigham Moore in Florida. Gideon Kanner is professor of law emeritus at the Loyola Law School in Los Angeles. The Brigham–Kanner Prize is awarded annually during the Brigham–Kanner Property Rights Conference.
The University of Chicago Legal Forum is a student-edited journal published by the University of Chicago Law School. It focuses on a single, highly relevant, legal issue every year, presenting an authoritative and timely approach to a particular topic. To facilitate discussion, the Legal Forum hosts a symposium each fall and the participants contribute articles for the volume.
Dignity taking is the destruction or confiscation of property rights from owners or occupiers, where the intentional or unintentional outcome is dehumanization or infantilization. There are two requirements: (1) involuntary property destruction or confiscation and (2) dehumanization or infantilization. Dehumanization is "the failure to recognize an individual or group's humanity" and infantilization is "the restriction of an individual or group's autonomy based on the failure to recognize and respect their full capacity to reason." Evidence of a dignity taking can be established empirically through either a top-down approach, examining the motive and intent behind those who initiated the taking, or a bottom-up approach, examining the viewpoints of dispossessed people.
