Includes bibliographical references and index.

Whither criminal law? -- Market failure, regulation, and invisible gorillas -- Two theories of environmental regulation -- Empirical natural rights -- Freedom of speech and the return of invisible gorilla -- The law of anarchy -- Can an anarchist have a moral duty to obey the law? -- The obviousness of anarchy.

"It is commonly assumed that the state must provide the law necessary to maintain a peaceful and orderly society, to regulate the market, and to protect the environment. In this part of the book, I argue that these assumptions derive from a false dilemma-from the belief that the only options are legal regulation by the state and no regulation. This overlooks a third option-the regulation of human behavior by binding rules that emerge from human interaction; most importantly, by common law civil liability. I argue that the recognition of this third possibility implies that a proper analysis requires a comparative assessment of the effectiveness of state-created law and emergent law. Chapter 1 offers such an assessment of the criminal law and tort law as mechanisms for reducing violence sufficiently to allow human cooperation and prosperity. Chapter 2 offers a comparative assessment of legislation and common law as mechanisms for ensuring that market exchanges do not impose costly, unconsented to harm of third parties. And Chapter 3 offers a similar assessment of legislation and common law as mechanisms for preventing environmental degradation"-- Provided by publisher.