Anarchist law
Encyclopedia
Anarchist law is a hypothetical body of norms regarding behavior and decision making that might be operative in an anarchist community. The term is used in a series of ongoing debates within the various branches of anarchist theory regarding if and how norms of individual and/or collective behavior, decision-making and actions should be created and enforced. Although many anarchists would consider "anarchist law" simply synonymous with natural law
, others contend law in anarchy would have additional, unique elements. Over the course of the last two hundred years as anarchism has grown and evolved to include diverse strains
, there have been different conceptions of "anarchist law" produced and discussed, or used in practice by anarchist networks such as Peoples' Global Action
or Indymedia
or zero aggression principle. This basic principle forms the basis of all anarchist law, and indeed of virtually all anarchist theory. "It is best summed up by the maxim 'do unto others as you would have them do unto you'" (quoting Kropotkin
), with the additional provision that if others try to do things to you that violate your rights you have the right to stop them. In short, anarchist philosophy includes the 'golden rule
', but typically does not include "turning the other cheek" (with the exception of Christian anarchism
and other nonviolent/pacifistic movements.)
, though the exact nature of such contracts is a matter of heated debate.
Some anarchist legal theorists hold that an ideal anarchist society should be based strictly on natural law
and mutual aid, which require no social contract.
However, many anarchist theorists completely reject natural law as capitalistic and man made. Natural law
in this view is disguising authoritarianism but blaming it on an abstract entity so that the "anarchist" does not have to take credit for it. Social anarchists, mutualists
and many individualist anarchists reject private property, which is the core basis of most natural law theories.
, originally identified by Peter Kropotkin
as arising from natural law, is that since evolution occurs in groups - not individuals - it is evolutionarily advantageous for members of a community to assist each other. The anarchist approach to building power - and structuring power relationships - is derived from this evolutionary and biological imperative. In a nutshell the argument is that since individuals require the assistance of groups to self-actualize, individuals have a strong self-interest in the good of the community to which they belong. It follows that (freely associating) collectives of individuals working for mutual improvement and mutual goals must form the basis of any anarchist society, thus providing the sociological and economic imperative for the creation of social contracts capable of binding these self-selecting groups together.
In a pre-revolutionary situation, the principle of 'mutual aid' is the moral imperative that drives efforts by contemporary anarchists to provide material aid to victims of natural disasters; those that are homeless or poor, and others who have been left without access to food or clean drinking water, or other basic necessities.
Proudhonian mutualists (and many others) have argued that such use of force by a collective against individuals is justifiable since it is fundamentally defensive in nature. As a more coherent example, communities have a clear interest in tracking down and isolating child molesters, rapists, psychopaths, and others who regularly employ coercion against their victims. The right of ordinary people to not be victimized and coerced by such individuals legitimizes their use of coercive force to eliminate such threats. Some individualist anarchists (who argue that any collective action
against an individual is illegitimate) hotly dispute this point.
The issue of mandate (on whose behalf an action is being carried out) is much more significant, however, when approaching larger-scale provisions for self defense such as armies and militias. For individualist anarchists the right of individuals to not be coerced legitimizes the use of coercive violence for personal self-defense only, while for collectivists it is legitimized both for personal self-defense and for defense of ones community. This issue is critical since, while the individualist model makes warfare far less likely by eliminating the rationale for the creation of large bodies of armed men, the collectivist approach makes it much more likely that the community in question will be able to defend itself against a hostile invader should one appear.
Both schools, however, agree that the right and responsibility of self-defense cannot be delegated to a third party - such as a professional police department or standing army - since as soon as a third party becomes involved it is no longer self defense. A non-hierarchical militia composed of members of a community self-organizing for mutual self-defense against a hostile neighbor (such as that organized by the CNT
during the Spanish Civil War
) would thus be valid in a collectivist (anarchist-communist, social anarchist, anarcho-syndicalist, market-syndicalist, etc.) setting and deemed invalid in an individualist (free market anarchist, egoist, etc.) setting if involuntary. Both, by contrast, would reject a standing army or police department.
, including decisions about the de facto laws themselves, among non-hierarchical societies include various forms of formal consensus
, supermajority
voting, "consensus minus one" and direct democracy
. Anthropologist David Graeber
argues that any community that lacks a centralized mechanism of force (a state) will naturally gravitate toward some form of consensus decision-making.
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
, others contend law in anarchy would have additional, unique elements. Over the course of the last two hundred years as anarchism has grown and evolved to include diverse strains
Anarchist schools of thought
Anarchism is generally defined as the political philosophy which holds the state to be undesirable, unnecessary, and harmful, or alternatively as opposing authority in the conduct of human relations...
, there have been different conceptions of "anarchist law" produced and discussed, or used in practice by anarchist networks such as Peoples' Global Action
Peoples' Global Action
Peoples' Global Action is the name of a worldwide co-ordination of radical social movements, grassroots campaigns and direct actions in resistance to capitalism and for social and environmental justice...
or Indymedia
Non-coercion
The most fundamental maxim of many anarchist tendencies is that no individual has the right to coerce another individual, and that everyone has the right to defend his or her self against coercion-the non-aggression principleNon-aggression principle
The non-aggression principle , or NAP for short, is a moral stance which asserts that aggression is inherently illegitimate...
or zero aggression principle. This basic principle forms the basis of all anarchist law, and indeed of virtually all anarchist theory. "It is best summed up by the maxim 'do unto others as you would have them do unto you'" (quoting Kropotkin
Kropotkin
Peter Kropotkin was a Russian prince and anarchist.Kropotkin may also refer to:*Pyotr Nikolayevich Kropotkin , Soviet/Russian geologist, tectonician, and geophysicist*Mount Kropotkin, a peak in Antarctica...
), with the additional provision that if others try to do things to you that violate your rights you have the right to stop them. In short, anarchist philosophy includes the 'golden rule
Ethic of reciprocity
The Golden Rule or ethic of reciprocity is a maxim, ethical code, or moralitythat essentially states either of the following:* : One should treat others as one would like others to treat oneself....
', but typically does not include "turning the other cheek" (with the exception of Christian anarchism
Christian anarchism
Christian anarchism is a movement in political theology that combines anarchism and Christianity. It is the belief that there is only one source of authority to which Christians are ultimately answerable, the authority of God as embodied in the teachings of Jesus...
and other nonviolent/pacifistic movements.)
Consensus-based social contracts
Since the principle of non-coercion makes hierarchical State structures unfeasible, anarchist communities must find an alternative basis for setting the rules of engagement within a collectivity. Accordingly, virtually all anarchist legal models begin with the assumption that whatever rules are set in place must be freely agreed to by the entirety of the community that is to be governed by them in a setting free from coercion or intimidation. Such freely given consent constitutes a social contractSocial contract
The social contract is an intellectual device intended to explain the appropriate relationship between individuals and their governments. Social contract arguments assert that individuals unite into political societies by a process of mutual consent, agreeing to abide by common rules and accept...
, though the exact nature of such contracts is a matter of heated debate.
Some anarchist legal theorists hold that an ideal anarchist society should be based strictly on natural law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
and mutual aid, which require no social contract.
However, many anarchist theorists completely reject natural law as capitalistic and man made. Natural law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
in this view is disguising authoritarianism but blaming it on an abstract entity so that the "anarchist" does not have to take credit for it. Social anarchists, mutualists
Mutualism (economic theory)
Mutualism is an anarchist school of thought that originates in the writings of Pierre-Joseph Proudhon, who envisioned a society where each person might possess a means of production, either individually or collectively, with trade representing equivalent amounts of labor in the free market...
and many individualist anarchists reject private property, which is the core basis of most natural law theories.
Free association
Free association also implies the right of individuals to form those exact social contracts. This freedom to not associate means if the terms of a social contract become unacceptable to an individual member or sub-group(s) within a society, the discontented have the right to secede from the contract. They may also form new associations with others that more closely fit their needs.Mutual aid
The principle of mutual aidMutual aid (politics)
Mutual aid is a term in organization theory used to signify a voluntary reciprocal exchange of resources and services for mutual benefit. Mutual aid is arguably as ancient as human culture; an intrinsic part of the small, communal societies universal to humanity's ancient past...
, originally identified by Peter Kropotkin
Peter Kropotkin
Prince Pyotr Alexeyevich Kropotkin was a Russian zoologist, evolutionary theorist, philosopher, economist, geographer, author and one of the world's foremost anarcho-communists. Kropotkin advocated a communist society free from central government and based on voluntary associations between...
as arising from natural law, is that since evolution occurs in groups - not individuals - it is evolutionarily advantageous for members of a community to assist each other. The anarchist approach to building power - and structuring power relationships - is derived from this evolutionary and biological imperative. In a nutshell the argument is that since individuals require the assistance of groups to self-actualize, individuals have a strong self-interest in the good of the community to which they belong. It follows that (freely associating) collectives of individuals working for mutual improvement and mutual goals must form the basis of any anarchist society, thus providing the sociological and economic imperative for the creation of social contracts capable of binding these self-selecting groups together.
In a pre-revolutionary situation, the principle of 'mutual aid' is the moral imperative that drives efforts by contemporary anarchists to provide material aid to victims of natural disasters; those that are homeless or poor, and others who have been left without access to food or clean drinking water, or other basic necessities.
Enforceability
Enforceability is one of the most controversial areas of Anarchist law. Early writers such as Proudhon argued that it was legitimate for working-class people to self-organize against criminals who prey on the weak, a process which would doubtless entail some degree of coercion.Proudhonian mutualists (and many others) have argued that such use of force by a collective against individuals is justifiable since it is fundamentally defensive in nature. As a more coherent example, communities have a clear interest in tracking down and isolating child molesters, rapists, psychopaths, and others who regularly employ coercion against their victims. The right of ordinary people to not be victimized and coerced by such individuals legitimizes their use of coercive force to eliminate such threats. Some individualist anarchists (who argue that any collective action
Collective action
Collective action is the pursuit of a goal or set of goals by more than one person. It is a term which has formulations and theories in many areas of the social sciences.-In sociology:...
against an individual is illegitimate) hotly dispute this point.
The issue of mandate (on whose behalf an action is being carried out) is much more significant, however, when approaching larger-scale provisions for self defense such as armies and militias. For individualist anarchists the right of individuals to not be coerced legitimizes the use of coercive violence for personal self-defense only, while for collectivists it is legitimized both for personal self-defense and for defense of ones community. This issue is critical since, while the individualist model makes warfare far less likely by eliminating the rationale for the creation of large bodies of armed men, the collectivist approach makes it much more likely that the community in question will be able to defend itself against a hostile invader should one appear.
Both schools, however, agree that the right and responsibility of self-defense cannot be delegated to a third party - such as a professional police department or standing army - since as soon as a third party becomes involved it is no longer self defense. A non-hierarchical militia composed of members of a community self-organizing for mutual self-defense against a hostile neighbor (such as that organized by the CNT
Confederación Nacional del Trabajo
The Confederación Nacional del Trabajo is a Spanish confederation of anarcho-syndicalist labor unions affiliated with the International Workers Association . When working with the latter group it is also known as CNT-AIT...
during the Spanish Civil War
Spanish Civil War
The Spanish Civil WarAlso known as The Crusade among Nationalists, the Fourth Carlist War among Carlists, and The Rebellion or Uprising among Republicans. was a major conflict fought in Spain from 17 July 1936 to 1 April 1939...
) would thus be valid in a collectivist (anarchist-communist, social anarchist, anarcho-syndicalist, market-syndicalist, etc.) setting and deemed invalid in an individualist (free market anarchist, egoist, etc.) setting if involuntary. Both, by contrast, would reject a standing army or police department.
Decision-making
Common techniques for decision makingDecision making
Decision making can be regarded as the mental processes resulting in the selection of a course of action among several alternative scenarios. Every decision making process produces a final choice. The output can be an action or an opinion of choice.- Overview :Human performance in decision terms...
, including decisions about the de facto laws themselves, among non-hierarchical societies include various forms of formal consensus
Consensus decision-making
Consensus decision-making is a group decision making process that seeks the consent, not necessarily the agreement, of participants and the resolution of objections. Consensus is defined by Merriam-Webster as, first, general agreement, and second, group solidarity of belief or sentiment. It has its...
, supermajority
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority...
voting, "consensus minus one" and direct democracy
Direct democracy
Direct democracy is a form of government in which people vote on policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then vote on policy initiatives. Direct democracy is classically termed "pure democracy"...
. Anthropologist David Graeber
David Graeber
David Rolfe Graeber is an American anthropologist and anarchist who currently holds the position of Reader in Social Anthropology at Goldsmiths, University of London. He was an associate professor of anthropology at Yale University, although Yale controversially declined to rehire him, and his...
argues that any community that lacks a centralized mechanism of force (a state) will naturally gravitate toward some form of consensus decision-making.
Further reading
- Anarchy and the law: the political economy of choice, by Edward StringhamEdward StringhamEdward Peter Stringham is the L.V. Hackley Endowed Professor for the Study of Capitalism and Free Enterprise at Fayetteville State University.He received a B.A. in economics from College of the Holy Cross and his Ph.D...
,Transaction Publishers. 2007. - "Anarchism as an International Relations Theory" by Emcee LynxEmcee LynxLynx, or Emcee Lynx is an anarchist hip hop artist in Vallejo, California who has achieved significant popularity and name-recognition in the West Coast hip hop and underground hip hop scenes and among anarchists and other radicals around the world...
- Breaking the Law: Anti-authoritarian Visions of Crime and Justice, by Randall AmsterRandall AmsterRandall Amster is an author, activist, and educator in areas including peace, ecology, homelessness, and anarchism. Born in Brooklyn, New York in 1966, Amster has worked as an attorney, judicial clerk, professor, and academic administrator during his professional career...
, The New Formulation, Vol.2/no.2, Winter-Spring 2004. - Anarchist Studies Network Reading List on Anarchism & Law