The latest edition of Regulation (Vol. 48, No. 1 [Spring 2025]) features my review of Anthony de Jasay’s thought-provoking work, Justice and Its Surroundings (Liberty Fund, 2002), under the section titled “From the Past.” This book tends to attract more attention from political philosophers than from economists, contrasting with his earlier work, Against Politics (Routledge, 1997), which I recently analyzed for Econlib. De Jasay’s writings are a rich blend of philosophy and economics, a natural outcome given that any framework for social organization is rooted in moral considerations, which ultimately boil down to value judgments—something economists are all too familiar with.
If you’re contemplating diving into de Jasay’s corpus, it’s advisable to start with Against Politics before tackling Justice and Its Surroundings. However, since both books comprise a series of articles, readers can navigate their intellectual journey at their own pace, selecting the complexity they are ready to confront. For those new to his ideas, his seminal work, The State, likely serves as the most accessible gateway to his philosophy; furthermore, you can readily access it online at the Online Library of Liberty.
Now, circling back to my recent review in Regulation (which you can find online in both html and pdf formats—be sure to scroll to page 55 in the PDF), here are some noteworthy insights from Justice and Its Surroundings:
De Jasay posits that property constitutes the bedrock of society, existing in a realm “prior to political authority, to the state.” He illustrates a continuum that ranges from entirely voluntary private relationships to the all-encompassing coercive state. …
He asserts that society engages in a cooperative game rather than a prisoner’s dilemma, suggesting that a central enforcer is not an absolute necessity. …
In a unique classification, de Jasay defines a right as a product of a voluntary exchange accompanied by a corresponding obligation. For example, if I lend you $100 for a year, our agreement creates a right for me to receive $104 from you the following year. Conversely, a liberty refers to actions I can undertake, provided they don’t infringe upon obligations I’ve accepted or constitute a tort. …
In summary, de Jasay’s intricate theory of justice is built upon a robust presumption of liberty (or, more accurately, liberties), spontaneous conventions as the foundation of legal structures, and a profound reverence for private property. …
Notably, de Jasay challenges the notion of universal and formal equality before the law, a hallmark of liberal governance. In his framework, the absence of a state implies that while practical equality before conventions may exist, it is not an enforced legal principle. This perspective may be seen as a shortcoming by many who adhere to traditional classical liberal views.
Additionally, Justice and Its Surroundings critiques egalitarianism and socialism, including the concept of market socialism. De Jasay also takes aim at Buchanan’s social contract theory, although he maintains a respectful acknowledgment of Buchanan’s influence—reciprocal respect echoed in their intellectual exchanges. For further details and insights, you can explore my review.
