Abstract

Libertarian philosophers of law often argue that unless law arises from some express or implicit social contract by which individuals consent to be bound, it constitutes unjustified coercion that subjects some human beings to the will of others. This book argues that this is a false dilemma. Law can arise through a process of unplanned evolution in which those subject to law are bound, but not by the will of any identifiable human beings. Although law is inherently coercive, it is not inherently a vehicle for domination. Anglo-American common law that evolves without a guiding human intelligence is this type of law. This book maintains that the common law generative process can provide all the law that is needed to maintain a peaceful, prosperous society.