Alternative To The Status Quo.

Can we visualize an alternative to the status quo of Statist law? “It is often difficult to see the important role customary law plays in determining the social order, since so much of custom has been codified or co-opted by common law courts and claimed as state law.” [47] The remnants of customary law still do exist and need to be strengthened. “Privatization in law and order involves two separate processes: 1) Increases in the privately owned and allocated resources devoted to the protection of persons and property, including the establishment and clarification of property rights through rule-making and adjudication; and 2) decreases in publicly controlled resources devoted to the same purposes.” [48]
[47] Bruce L. Benson, The Enterprise of Law: Justice Without The State, (Pacific Research Institute For Public Policy, 1990), p. 228.
[48] Bruce L. Benson, The Enterprise of Law: Justice Without The State, (Pacific Research Institute For Public Policy, 1990), p. 331.
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