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The State: Its Origin and Nature

In: The Emergence of a Tradition: Essays in Honor of Jesús Huerta de Soto, Volume II

Author

Listed:
  • David Gordon

    (Ludwig von Mises Institute)

Abstract

The view of the state held by Nock and Oppenheimer, according to which the state originated as a predatory body, is contrasted with that of Mises, for whom the state is needed to maintain a framework of law and order within which the free market can operate. Huerta de Soto, it is argued, bypasses the question of which view is correct, instead concentrating on a different but related question, the evolution of a legal system. In writing about this, de Soto has been greatly influenced by the work of Hayek and Bruno Leoni. So long as a legal system, not interrupted by arbitrary interventions, is in place, it does not much matter whether the state is an actor within that system. Like Leoni, Huerta de Soto contends that the notion of the evolution of a legal system can be applied to Roman law as well as common law.

Suggested Citation

  • David Gordon, 2023. "The State: Its Origin and Nature," Springer Books, in: David Howden & Philipp Bagus (ed.), The Emergence of a Tradition: Essays in Honor of Jesús Huerta de Soto, Volume II, pages 95-101, Springer.
    • Handle: RePEc:spr:sprchp:978-3-031-17418-6_9
    DOI: 10.1007/978-3-031-17418-6_9
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