A Contractarian Approach to Law and Justice: Live and Let Live

This book presents a distinctive version of a contractarian approach to law and justice, arguing that law and justice are social norms that arise from social evolution and are binding only if and to the extent that they are mutually beneficial. It rejects accounts of law and justice based on morality and advocates critically examining social norms and discarding those that are not mutually beneficial. It also advocates a left-libertarian approach to property and a rejection of most statutory law, but recognizes the need for a strong form of federalism to allow for a more extensive state.

Format: Paperback / softback
Length: 252 pages
Publication date: 29 April 2022
Publisher: Taylor & Francis Ltd

This book offers a unique perspective on the contractarian approach to law and justice. It contends that law and justice are social norms that emerge through the process of social evolution and are binding only when they are mutually beneficial. It explicitly rejects accounts of law and justice that are grounded in morality, arguing that morality itself can only be legitimately established on the basis of mutual advantage. However, it also critiques existing versions of contractarianism, which are based on hypothetical agreements between rational contractors, in favor of an approach that relies on actual social norms but encourages critical examination of these norms and the discarding of those that are not truly mutually beneficial.

The first half of the book delves into the development of this approach, while the second half explores its implications for law. It advocates for a left-libertarian approach to property, largely based on the common law of tort, contract, and criminal law, and rejects most statutory law, which is based not on mutual advantage but rather on benefiting some individuals at the expense of others. However, it recognizes that there are those who desire a more extensive state than this approach permits and advocates for a strong form of federalism, provided robust exit rights are provided.

The book seamlessly blends political philosophy, economics, and law into a comprehensive approach that is broadly libertarian but distinct in many ways. It will appeal to scholars across all three disciplines.

Dimension: 234 x 156 (mm)
ISBN-13: 9780367495183