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A call to embrace jural dualism

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  • Jonathon Diesel
  • Daniel B Klein

Abstract

This article explores concepts under a rubric termed ‘jural’, the meaning of which is differentiated from ‘legal’. Within the conceptualisation of the modern nation state, there are two categories of jural relationships. In the first, both parties have equal jural standing (equal–equal), as between neighbours. In the second jural relationship (superior–inferior), one party has standing as a special jural player, essentially the governor. The jural superior wields the coercive powers of government. Human beings, we argue, are predisposed to folding this jural superior back into the equal–equal relationship, thus notionally collapsing two relationships back to one, or collapsing from jural dualism into jural monism. Two varieties of the tendency stand out, namely collectivist thinking that sees government as a set of rules and arrangements arrived at voluntarily, and Rothbardian libertarianism that sees government as a criminal organisation and proposes its elimination. But, beyond those two varieties, we see traces and tinctures of the tendency towards jural monism. We call for a conscious embrace of jural dualism.

Suggested Citation

  • Jonathon Diesel & Daniel B Klein, 2021. "A call to embrace jural dualism," Economic Affairs, Wiley Blackwell, vol. 41(3), pages 442-457, October.
    • Handle: RePEc:bla:ecaffa:v:41:y:2021:i:3:p:442-457
    DOI: 10.1111/ecaf.12484
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    References listed on IDEAS

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    1. Richard A. Epstein, 2011. "Bundle-of-Rights Theory as a Bulwark Against Statist Conceptions of Private Property," Econ Journal Watch, Econ Journal Watch, vol. 8(3), pages 223-235, September.
    2. Daniel B. Klein & Stewart Dompe, 2007. "Reasons for Supporting the Minimum Wage: Asking Signatories of the "Raise the Minimum Wage" Statement," Econ Journal Watch, Econ Journal Watch, vol. 4(1), pages 125-167, January.
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    Cited by:

    1. Daniel B Klein & Caroline Breashears, 2022. "By the same author: Presenting Adam Smith's works as a whole," Economic Affairs, Wiley Blackwell, vol. 42(3), pages 528-540, October.

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