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ORDERED ANARCHY This page intentionally left blank Ordered Anarchy Jasay and his Surroundings Edited by HARDY BOUILLON Centre for the New Europe, Belgium and HARTMUT KLIEMT Frankfurt School of Finance and Management, Germany © Hardy Bouillon and Hartmut Kliemt 2007 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. The editors have asserted their moral right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work. Published by Ashgate Publishing Limited Ashgate Publishing Company Gower House Suite 420 Croft Road 101 Cherry Street Aldershot Burlington, VT 05401-4405 Hampshire GU11 3HR USA England Ashgate website: http://www.ashgate.com British Library Cataloguing in Publication Data Ordered anarchy : Jasay and his surroundings 1. De Jasay, Anthony, 1925- 2. Liberalism I. Bouillon, Hardy II. Kliemt, Hartmut, 1949- 320.5’13 Library of Congress Cataloging-in-Publication Data Ordered anarchy : Jasay and his surroundings / [edited by] Hardy Bouillon and Hartmut Kliemt. p. cm. Includes index. ISBN 978-0-7546-6113-9 (hardcover : alk. paper) 1. Libertarianism. 2. Anarchism. 3. Legitimacy of governments. 4. State, The. 5. De Jasay, Anthony, 1925- I. Bouillon, Hardy. II. Kliemt, Hartmut, 1949- JC585.O684 2007 320.5’7092—dc22 2007007976 ISBN 978-0-7546-6113-9 Printed and bound in Great Britain by TJ International, Padstow, Cornwall Contents List of Figures and Tables vii Notes on Contributors ix Foreword xiii PART I Introduction 1 1 Introducing Tony de Jasay 3 James M. Buchanan PART II Principles of Ordered Anarchy 5 2 Rights, Liberties, and Obligations 7 Hardy Bouillon 3 Anthony de Jasay on Liberties and Rights 13 Jan Narveson 4 No Exit: Framing the Problem of Justice 21 Tom G. Palmer PART III Ways to Ordered Anarchy 57 5 Concepts of Order 59 Frank van Dun 6 Against Politics, for “Ordered Anarchy” 93 Gerard Radnitzky PART IV Limits of Politics 101 7 Beliefs as Institution-specific Rationalized Self Interest 103 Bruce L. Benson 8 Why Government? 147 Randall G. Holcombe 9 Constitutional Optimism and Skepticism in Buchanan and Jasay 167 Hartmut Kliemt PART V Conclusion 183 10 Anthony de Jasay—A Salute 185 IMD Little Subject Index 189 Name Index 197 This page intentionally left blank List of Figures and Tables Figures 5.1 Causes of conflict 61 5.2 Solutions of conflict 62 5.3 Ranking solutions 69 5.4 A social order or society 73 5.5 The convivial order 74 5.6 Purpose of force 83 Tables 5.1 Hobbesian encounters 88 5.2 Lockean encounters 90 This page intentionally left blank Notes on Contributors Bruce L. Benson, DeVoe Moore Distinguished Research Professor, is Chair of the Department of Economics at Florida State University, a Senior Associate of the Independent Institute, and an Associate of the Property and Environmental Research Center, where he was a 2004 Julian Simon Fellow. Other recent activities include serving as visiting professor to the University de Paris Pantheon Assas (Paris II) in 2004, and Fulbright Senior Specialist to the Czech Republic (2003–2004). Professor Benson has published 120 academic journal articles, six books, and 65 chapters in edited volumes. He received the 2006 Adam Smith Award, described as “the highest honor bestowed by The Association of Private Enterprise Education … given to recognize an individual who has made a sustained and lasting contribution to the perpetuation of the ideals of a free market economy as first laid out in Adam Smith’s Wealth of Nations.” Hardy Bouillon, Head of Academic Affairs of the Centre for the New Europe in Brussels, is Stand-in-Professor for Philosophy at the University of Duisburg-Essen, Germany. A former guest professor in Prague, Salzburg and Zagreb, he is a member of the Mont Pèlerin Society (since 1992) and author of 100 odd articles, published in English, German, Romanian, Turkish, Chinese, and Vietnamese. His books include four monographs and 13 edited volumes including Government: Servant or Master (1993), Values and the Social Order, 2 vols (1995), both together with Gerard Radnitzky, and Libertarians and Liberalism (1996). James M. Buchanan was born 3 October 1919 in Murfreesboro, Tennessee. He remains Advisory General Director, Center for Study of Public Choice, George Mason University, Fairfax, Virginia, even though he retired in 1999 as Distinguished Professor Emeritus of Economics from George Mason University and University Distinguished Professor Emeritus of Economics and Philosophy from Virginia Polytechnic and State University, Blacksburg, Virginia. Professor Buchanan received his B.A. from Middle Tennessee State College in 1940; his M.S. from the University of Tennessee in 1941; and his Ph.D. from the University of Chicago in 1948. In 1986, Professor Buchanan received the Alfred Nobel Memorial Prize in Economic Sciences. The following is a short list of his most well-known major works: The Collected Works of James M. Buchanan (20 vols., 1999–2002, 2004); Better than Plowing: And Other Personal Essays (1992); The Economics and the Ethics of Constitutional Order (1991); The Reason of Rules (with Geoffrey Brennan, 1985); The Power to Tax (with Geoffrey Brennan, 1980); Freedom in Constitutional Contract (1978); Democracy in Deficit (with Richard E. Wagner, 1977); Liberty, Market and State (1975); The Limits of Liberty (1975); The Calculus of Consent (with Gordon Tullock, 1962). The latest addition to his long list of distinguished publications is Why I, Too, Am Not a Conservative: The Normative Vision of Classical Liberalism (Cheltenham: Edward Elgar, 2005). x Ordered Anarchy Frank van Dun taught philosophy of law at the universities of Ghent (Belgium) and Maastricht (The Netherlands). He is the author of three books (in Dutch): The Fundamental Principle of Law, The Utopian Temptation, and Man, Citizen, and Fisc. He also lectured and wrote on logic, political philosophy and economics. Randall G. Holcombe is DeVoe Moore Professor of Economics at Florida State University. Prior to coming to Florida State in 1988 he taught at Auburn University and at Texas A&M University. Dr. Holcombe is also book review editor of the journal Public Choice, Senior Fellow at the James Madison Institute, a Tallahassee- based think tank that specializes in issues facing state governments, and is a member of Florida Governor Jeb Bush’s Council of Economic Advisors. He is the author of a dozen books and more than 100 articles published in academic and professional journals. His books include Economic Models and Methodology (1989), The Economic Foundations of Government (1994), and From Liberty to Democracy: The Transformation of American Government (2002). Hartmut Kliemt, born in 1949, received degrees in management science and philosophy. After holding positions as research assistant in operations research, and philosophy of law, as well as temporary professorships in Munich and Frankfurt, he became full professor for practical philosophy at Duisburg in 1988. Since 1992 he is also an adjunct research associate of the Center for Study of Public Choice in Fairfax, VA. Since 2006 he is professor for economics and philosophy at the Frankfurt School of Banking. He has published articles and books on political philosophy, health ethics and economics, and, together with Werner Güth on game theoretical topics. Jointly with H. Geoffrey Brennan and Robert D. Tollison, Kliemt has been co-editor of the Collected Works of James Buchanan. IMD Little is an Emeritus Fellow of Nuffield College, Oxford, and a quondam professor of economics at that university. He has also worked for the British Treasury, the MIT, the OECD where he was Vice-President of the Development Centre, and for the World Bank. His first and best known book is A Critique of Welfare Economics (1950), and the latest is Ethics, Economics and Politics (2002). In between there have been many books and articles, mostly on developing countries, especially India. These are extensively summarized in Collection and Recollections (1999). Jan Narveson, professor emeritus at the University of Waterloo in Canada, and Officer of the Order of Canada. He is the author of Morality and Utility (1967), The Libertarian Idea (1989/2001), Moral Matters (1993/1999), Respecting Persons in Theory and Practice (2002), and some hundreds of articles on moral and political theory and practice, and engages in many seminars, conference presentations, and colloquia in several countries. In nonacademic life, he is the founder and president of the Kitchener-Waterloo Chamber Music Society, in which role he sees to the presentation of some 50–60 chamber music concerts in a typical year in his own home in Waterloo. Notes on Contributors xi Tom G. Palmer is Vice President for International Programs, Director of the Center for Promotion of Human Rights and Senior Fellow at the Cato Institute and Director of Cato University, the Institute’s educational arm. Before joining Cato he was an H. B. Earhart Fellow at Hertford College, Oxford University, and a Vice President of the Institute for Humane Studies at George Mason University. He regularly lectures in America, Europe, Eurasia, Asia and the Middle East on political science, public choice, civil society, and the moral, legal, and historical foundations of individual rights. He has published reviews and articles on politics and morality in scholarly journals such as the Harvard Journal of Law and Public Policy, Ethics, Critical Review, and Constitutional Political Economy. He received his B.A. in liberal arts from St. Johns College in Annapolis, Maryland, his M.A. in philosophy from The Catholic University of America, Washington, D.C., and his Ph.D. in politics from Oxford University. Gerard Radnitzky († 2006), Emeritus Professor of Philosophy of Science at the University of Trier, Germany. Formerly Professor at Bochum Ruhr-University, Ger- many, he has also been Visiting Professor at the State University of New York at Stony Brook (1972).