According to the contractarian perspective, a public good can be thought of as not so much a goodthat meets the technical neoclassical criteria of non-rivalness and non-excludability, but as one thatis produced on a purely contractual basis, thus necessarily increasing the utility of all the involvedparties. In this paper, by critically examining Nozick’s “emergent” contractarianism and Buchanan’steleological contractarianism, I shall argue that no such contractual origin can be plausibly attributedto territorial monopolies of force, and that therefore legal monocentrism — the view that the publicgoods of law and defense can be provided exclusively by territorial monopolies of force — fails therelevant efficiency test as conceived on a contractarian basis. This, in turn, implies that legal polycentrism,one of whose constitutive features is precisely its unambiguously voluntary and contractualcharacter, should be considered as a superior system in this context
Dec 23, 2020
Jan 28, 2019
|Legal polycentrism and contractarianism||Dec 23, 2020|
Wiśniewski, Jakub Bożydar
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