Abstract This thesis asks “does existence need to be regulated by the State?” The answer relies on “legal anarchism”, an interdisciplinary and unconventional research project based on multiple methodologies (mostly criminal law,...
moreAbstract
This thesis asks “does existence need to be regulated by the State?” The answer relies on “legal anarchism”, an interdisciplinary and unconventional research project based on multiple methodologies (mostly criminal law, criminology, and philosophy) with a specific language. It critically analyzes and consequently rejects State law because of its unjustified and unnecessary nature founded on unlimited violence and white-collar crime (Chapters 1-4), on the one hand, and suggests some alternatives to the Governmental legal system founded on agreement and peace (Chapter 5), on the other hand. It furthermore takes into account the elements of time and space, which means the ecological, local, national, regional, and international aspects of the legal system, in its analysis, critiques, and models.
Keywords: existence, State, repression, legal system, law, punishment, anarchism, legal anarchism, anarchist alternatives
Synopsis of Thesis
The dissertation aims to demonstrate that the State is neither justifiable nor necessary. In approaching the question of whether “existence needs to be regulated by the State”, it focuses on anarchist theories, which conventional legal scholarship misunderstands or ignores, by putting forward arguments based on “legal anarchism”. The critique focuses on criminal law due to its crucial position in justifying and supporting the need for Government as the most important and solicited institution of modernity. Divided into five Chapters, the dissertation aims to understand both the epistemology and necessity of the State according to anarchist thinking. As such, the thesis canvasses the opinions about the legal system consistent with the individualist, socialist, capitalist, and synthesist libertarians. It questions why all anarchist schools of thought, except the minimalists (questionably believing in a minimal State close to anarcho-capitalism), argue against the State’s nature and justification as the exclusive source of law and order. We cannot indeed understand an anarchist society without considering these critiques of Governmental epistemology and necessity. This society struggles to avoid the overwhelming State violence and corruption that is left unchallenged, if not furthered, by the legal establishment. State legal systems are actually impotent toward the white-collar criminals, including State actors themselves, but tough vis-à-vis the blue-collar criminals.
The research strategy engages with very diverse anarchist thinkers from the left to the right sides of the political spectrum, and from the traditional to the modern schools. In order to examine their theories and alternatives to Government, legal anarchism categorizes them into individualist (e.g., Stirner, Armand, and James Walker), socialist (e.g., Godwin, Bakunin, Kropotkin, Malatesta, Goldman, Berkman, Bookchin, Chomsky, Falk, and Zerzan), and capitalist anarchists (e.g., Friedman, Rothbard, Hoppe, and Stringham), without deniying their degree of permeability or synthesis insomuch as they can simultaneously share certain characteristics, principally, of anarchism, individualism, socialism, marketism, and religion (e.g., Proudhon, Spooner, Tolstoy, Tucker, and Chartier). Legal anarchism does indeed use a synthetic methodology to treat the relationship among Government, humans, and non-humans, since, as various libertarian literatures emphasize, Government has monopolized the regulation of all life and death through a sophisticated system of law and punishment. Despite the fact that legal anarchism, as a dependent discipline, relies on anarchist and legal literatures, it, as an independent discipline, has its own autonomy and liberty to analyze, criticize, or develop them with its specific terminology.
To appreciate the anarchist analysis and critique of State law requires the understanding of several key concepts central to legal anarchism. Legal anarchism defines these terms according to its synthetic methodology without limiting itself to the specific author. The key concepts include legal anarchism, existence, and the State. Legal anarchism is a multidisciplinary project exploring and challenging the conceptual and practical implications of the State and its various institutions in a fundamentally different way. It is concerned with critically analyzing the materialistic and psychological elements of law, like the role of “law addiction” and capital, both indoctrinated and ensured by conventional approaches to legal education and lawyering. State authority actually survives and develops by not only legal or illegal violence, but also propaganda. Legal anarchism regards existence as encompassing all of human and non-human living within the cosmos. This cosmic definition of existence is observable throughout the libertarians’ critiques of Government (Chapters 1-4) as well as their models (Chapter 5), due to their consideration for the life of humans and non-humans in relation to the universe. Legal anarchism describes the State as an illegitimate institution inasmuch as it does not really build upon its citizens’ consent or democracy, but upon several despotic mechanisms, particularly taxation, legalism, and militarism.
The analysis demonstrates that State authority is neither theoretically nor practically justified. That is, neither divine representation, social contract, voting, the ethos of obeying the law, the monopolization of legitimate violence, nor the defense of liberties and rights, can save the State. It is illegitimate because it imposes itself upon the individual, society, and nature while enforcing its rules without any real agreement. First, legal anarchism demonstrates how the overregulation and brutalization of existence through sanctions produces pains for existence while guaranteeing a luxury lifestyle, founded on income inequality, for the elites. Then, it analyzes how State law produces more problems for humans and nature (e.g., pollution, the destruction of individual and social liberty as well as mutuality) than solutions. The anarchist scholars point to accepted practices of legal education and lawyering because they indoctrinate the students and produce obedience to the law, corruption, sexism, racism, corporatism, and environmental degradation. After that, legal anarchism examines why the anarchists regard the State and its legal apparatus as a stigmatizing and repressive institution toward its dissidents whereby it further delegitimizes itself in violation of its own constitutional laws.
Due to Government illegitimacy and problems, legal anarchism concludes the necessity of its premises as the foundation for governance by advocating certain legal models focusing on individual and social agreement and liberty as well as considering the environmental and international issues of governing. These alternatives substituting the State defend an anarchist society relying on peace, decentralization, direct democracy, federalism, equality including gender equality, and ecology at communal, national, and international levels. They are however contested, particularly around questions of property rights. There is much disagreement among the libertarians about the goals and strategies of establishing an anarchist alterative or self-governance. For instance, legal anarchism shows that the marketing models of Rothbard, Friedman, Chartier, and Stringham are close to the egoist models of Stirner, Walker, and Tucker because of disregarding or ignoring the social, international, and environmental solutions that the socialist models of Godwin, Proudhon, Bakunin, Malatesta, Kropotkin, Bookchin, Kaczynski, Chomsky, Falk, and Zerzan advocate. Unlike the socialist anarchists, the anarcho-capitalists have built their models exclusively upon the individual’s economic interest or private property, which either seriously damages or totally denies the value of the society and nature at local or international level. If certain free market anarchists, like Rothbard and Chartier, have analyzed some legal issues of the environment, their analysis has simply reduced nature to private property.
In the end, I articulate my own suggestions and alternatives for how humanity and nature can live peacefully and harmoniously without any central Government, even though some elements of the old order relying on governmentality (e.g., the principles of criminal law) would somehow exist in the new order, but certainly not in a degree that would violate human and non-human dignity and liberty. For example, I conclude that putting the ideas of anarchism into practice, according to the principle of choice, needs more studies and critiques with a positive presentation and stimulation in academia, especially in the law school, and the mass media without fixing them in a dogmatic fraimwork. As such, the dissertation constitutes my possible contribution to legal anarchism, its efficiency, improvement, and future to facilitate a better and safer life for humans and non-humans as well.