Anarchist law
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Anarchist law is a body of norms regarding behavior and decision-making operative within an anarchist community. The term is used in a series of ongoing debates within the various branches of
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
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 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.[5]
Some anarchist legal theorists hold that an ideal anarchist society should be based strictly on
However, many anarchist theorists completely reject the concept of natural law as coercive and man-made. Natural law in this view is merely disguising authoritarianism so the oppressor does not have to take credit for it.
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.[8]
Mutual aid
The principle of
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;[9] 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 unequivocally entail some degree of coercion.[10]
Decision-making
Common techniques for decision-making, including decisions about the de facto laws themselves, among non-hierarchical societies include various forms of formal consensus,[3] supermajority voting, "consensus minus one" and direct democracy.[11] 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.
Examples
See also
References
- ^ "Anarchism and Law". The Anarchist Library. Retrieved 6 February 2023.
- ^ "Organisational Principles". Peoples' Global Action. Archived from the original on 15 October 2006. Retrieved 2006-10-29.
- ^ a b "Principles of Unity". Indymedia. Archived from the original on 2016-03-03. Retrieved 2006-10-28.
- from the original on 2020-10-09. Retrieved 2020-09-24.
- ISSN 1572-8625.
- ^ a b "Anarchist Writers – Anarchist analysis & the Anarchist FAQ". Archived from the original (PDF) on 2021-04-10. Retrieved 2020-09-30.
- ^ "The Myth of "Natural Law"". Archived from the original on 2020-10-28. Retrieved 2020-09-27.
- ^ "Archived copy". Archived from the original on 2021-08-13. Retrieved 2020-09-30.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Katrina Relief". Archived from the original on 2006-06-13. Retrieved 2006-06-13.
- S2CID 149216607.
- ^ "A.2.11 Why are most anarchists in favour of direct democracy?". Infoshop. Archived from the original on 25 October 2006. Retrieved 2006-10-28.
Further reading
- Holterman, Thom; Henc van Maarseveen (1984). Law and Anarchism. Montréal: Black Rose Books. ISBN 0-919619-10-X.