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Libertarian theories of law build uponclassical liberal andindividualist doctrines.
The defining characteristics oflibertarian legal theory are its insistence that the amount of governmental intervention should be kept to a minimum and the primary functions of law should be enforcement of contracts and social order, though social order is often seen as a desirable side effect of afree market rather than a philosophical necessity.
Historically, the Austrian economistFriedrich Hayek is the most important libertarian legal theorist.[citation needed] Another important predecessor wasLysander Spooner, a 19th-century Americanindividualist anarchist and lawyer.John Locke was also an influence on libertarian legal theory (seeTwo Treatises of Government).
Ideas range fromanarcho-capitalism to aminimal state providing physical protection and enforcement of contracts. Some advocate regulation, including the existence of a police force, military, public land and public infrastructure.Geolibertarians oppose absolute ownership of land onGeorgist grounds.
Authors discussing libertarian legal theory include:
