Anarchist law

Anarchist law is a term variously used to describe the apparent norms regarding behavior and decision-making operative within an anarchist community from the perspective of a law-normative viewpoint. Although many anarchists would consider "anarchist law" simply synonymous with natural law, others contend law as implied in anarchy by outside observers would have additional, unique elements.^[1] 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.

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 themselves against coercion (the non-aggression principle or zero aggression principle). Systems typically considered coercive include the state, capitalism, and institutional oppression. This basic principle, like mutual aid, is foundational to much of anarchist law, and indeed much of anarchist theory. Peter Kropotkin, a prominent anarcho-communist, stated it was "best summed up by the maxim 'do unto others as you would have them do unto you.'" In short, anarchist philosophy includes the "ethic of reciprocity," but typically condones violence intended to retaliate against or dismantle systems of oppression (with the exception of anarcho-pacifism, some Christian anarchism and other nonviolent/pacifistic movements.)^[2]

Consensus-based social contracts

See also: Consensus democracy

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 collective. 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 contract, though the exact nature of such contracts is a matter of heated debate.^[2]

Free association

Free association (also called voluntary 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.^[3]

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 unequivocally entail some degree of coercion.^[4]

Examples

See also: List of anarchist communities

See also

• Voluntary association
• Polycentric law