Anarchy and legal order : law and politics for a stateless society [document électronique] / Gary CHARTIER . - Cambridge [UK] : Cambridge University Press, 2013 . - 434 p. ; PDF ocr. ISBN : 978-1-107-03228-6 Langues : Anglais ( eng)
| Catégories : |
DROIT
|
| Résumé : |
Introduction: embodying freedom
Laying foundations
-A reasonable conception of the good life will invovle an understanding of both welfare and right action
-Welfare is multidimensional
-Reasonably Seeking to flourish or to help another to flourish requires recognition, fairness, and respect
-A flourishing life is a reasonable life
Rejecting aggression
-Acting reasonably means avoiding aggression against others and their justly acquired possessions
-Aggression involves unreasonably injuring other' bodies or interfering with their just possessory interests
-The requirements of practical reasonablenes preclude many choices causing injuries to basic aspects of welfare
-The principle of fairness provides good reason to avoid interfering with others' justly acquired possessions
-Just possessory claims do not extend to other sentients or to abstract patterns
-Arguments for exceptionless possessory claims seem unpersuasive
-Key requirements of practical reasonableness can be encapsulated in the nonaggression maxim
Safeguarding cooperation
-The state is inimical to peaceful, voluntary cooperation
-Peaceful, voluntary cooperation is an aspect of and a crucial precondition for a flourishing Life
-State actor' refusal to cooperate with others on a peaceful, voluntary basis is highly problematic
-The State is not needed to ensure peaceful, voluntary cooperation
-The State is not neededd to ensure peaceful, voluntary cooperation in the production of crucial public goods
-The State is dangerous
-Embracing peaceful, voluntary cooperation means rejecting the state
Appendix: The fact that general preemptive defense is a public good does not serve as a plausible justification for the state
Enforcing law
-Forcibly imposing legal requirements in a stateless society is not objectionabke on the same grounds as aggression ba the state
-There might seem to be a tension between opposing the state and supporting the idea of law
-Legal codes in a stateless society would have varied sources and contents, but might exhibit common features
-Resolving disputes between participants in structured legal regimes need not involve stat-like injustice
-The reality of morla constraints on legal rules would render the Notion of consent noncircular and would be compatible with legal polycentricity
-A regime could focibly resolve conflicts with outlaws without becoming morally indistinguishable from state
-A legal regime in a stateless society would be morally distinguishale from a State in important ways
Rectifying injury
-Just legal regimes in a stateless society can effecively prevent, end, and remedy injuries
-Just legal regimes would use civil rather than criminal justice mechanisms to rectify injuries
-A juste legal regime in a stateless society could recify environmentally mediated injuries as well as injuries to nonhuman animals and vulnerable human persons
-Just legal regimes can rectify injuries without the involvement of the state
Liberating Society
-Just legal rules and institutions in a stateless society could facilitate liberating social change using nonaggressive means
-Techniques for fostering social change need to be aggressive
-Just legal rule and institutions in a stateless society would further wealth redistribution
-Rectifying injustice could help to create alternatives to workplace hierarchies
-A stateless society's legal order would foster the emergence of a free culture
-Just legal rules in a stateless society would conduce to positive but nonagressive social change
Situating liberation
-Just legal rules and institutions in a stateless society would embody leftist, anticapitalist, and socialist values
-The project of creating a stateless society with just legal rules and institutions is a leftist ptoject
-The project of fostering a stateless society with just legal rule can reasonably be described as socialist
-The model ofe stateless law outlined here embodies a distinctively leftist, anticapitalist and socialist antistatism
Conclusion: ordering anarchy |
| Mention de responsabilité : |
Gary Chartier |
| Permalink : |
https://www.cira.ch/catalogue/index.php?lvl=notice_display&id=317184 |
| Titre : |
Anarchy and legal order : law and politics for a stateless society |
| Type de document : |
document électronique |
| Auteurs : |
Gary CHARTIER |
| Editeur : |
Cambridge [UK] : Cambridge University Press |
| Année de publication : |
2013 |
| Importance : |
434 p. |
| Format : |
PDF ocr |
| ISBN/ISSN/EAN : |
978-1-107-03228-6 |
| Langues : |
Anglais (eng) |
| Catégories : |
DROIT
|
| Résumé : |
Introduction: embodying freedom
Laying foundations
-A reasonable conception of the good life will invovle an understanding of both welfare and right action
-Welfare is multidimensional
-Reasonably Seeking to flourish or to help another to flourish requires recognition, fairness, and respect
-A flourishing life is a reasonable life
Rejecting aggression
-Acting reasonably means avoiding aggression against others and their justly acquired possessions
-Aggression involves unreasonably injuring other' bodies or interfering with their just possessory interests
-The requirements of practical reasonablenes preclude many choices causing injuries to basic aspects of welfare
-The principle of fairness provides good reason to avoid interfering with others' justly acquired possessions
-Just possessory claims do not extend to other sentients or to abstract patterns
-Arguments for exceptionless possessory claims seem unpersuasive
-Key requirements of practical reasonableness can be encapsulated in the nonaggression maxim
Safeguarding cooperation
-The state is inimical to peaceful, voluntary cooperation
-Peaceful, voluntary cooperation is an aspect of and a crucial precondition for a flourishing Life
-State actor' refusal to cooperate with others on a peaceful, voluntary basis is highly problematic
-The State is not needed to ensure peaceful, voluntary cooperation
-The State is not neededd to ensure peaceful, voluntary cooperation in the production of crucial public goods
-The State is dangerous
-Embracing peaceful, voluntary cooperation means rejecting the state
Appendix: The fact that general preemptive defense is a public good does not serve as a plausible justification for the state
Enforcing law
-Forcibly imposing legal requirements in a stateless society is not objectionabke on the same grounds as aggression ba the state
-There might seem to be a tension between opposing the state and supporting the idea of law
-Legal codes in a stateless society would have varied sources and contents, but might exhibit common features
-Resolving disputes between participants in structured legal regimes need not involve stat-like injustice
-The reality of morla constraints on legal rules would render the Notion of consent noncircular and would be compatible with legal polycentricity
-A regime could focibly resolve conflicts with outlaws without becoming morally indistinguishable from state
-A legal regime in a stateless society would be morally distinguishale from a State in important ways
Rectifying injury
-Just legal regimes in a stateless society can effecively prevent, end, and remedy injuries
-Just legal regimes would use civil rather than criminal justice mechanisms to rectify injuries
-A juste legal regime in a stateless society could recify environmentally mediated injuries as well as injuries to nonhuman animals and vulnerable human persons
-Just legal regimes can rectify injuries without the involvement of the state
Liberating Society
-Just legal rules and institutions in a stateless society could facilitate liberating social change using nonaggressive means
-Techniques for fostering social change need to be aggressive
-Just legal rule and institutions in a stateless society would further wealth redistribution
-Rectifying injustice could help to create alternatives to workplace hierarchies
-A stateless society's legal order would foster the emergence of a free culture
-Just legal rules in a stateless society would conduce to positive but nonagressive social change
Situating liberation
-Just legal rules and institutions in a stateless society would embody leftist, anticapitalist, and socialist values
-The project of creating a stateless society with just legal rules and institutions is a leftist ptoject
-The project of fostering a stateless society with just legal rule can reasonably be described as socialist
-The model ofe stateless law outlined here embodies a distinctively leftist, anticapitalist and socialist antistatism
Conclusion: ordering anarchy |
| Mention de responsabilité : |
Gary Chartier |
| Permalink : |
https://www.cira.ch/catalogue/index.php?lvl=notice_display&id=317184 |
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Ajouter le résultat dans votre panier Affiner la rechercheAnarchy and legal order : law and politics for a stateless society / Gary CHARTIER / Cambridge [UK] : Cambridge University Press (2013)
Community, Anarchy and Liberty / Michael TAYLOR / Cambridge [UK] : Cambridge University Press (1982)
