Anarchism and Law

Comment, Dec 30th

The recently published brochure Anarchistisch Recht explores ‘anarchist law’ as a collective term for furthering critiques of the social and legal order

~ Thom Holterman ~

Anarchism can offer an excellent framework for fundamental legal criticism. Since anarchists critique capitalist society, which relies on oppressive laws to maintain its existence, the addition of legal perspectives can allow for decisive criticisms of the present social order. The two approaches do not exclude each other; instead, anarchists can advance legal criticism without compromise.

This aligns with what is known as ‘positive anarchy’, a term borrowed from Proudhon. Fundamentally, it encompasses a view of society without oppressive power and refers to order, dynamism, and rationality, in addition to mutualism and federalism. Such views and ideas can also be found in Kropotkin and Bakunin. Here, I would like to emphasise Clara Meijer-Wichmann (1885-1922) in particular, as she was one of the first female jurists, challenging existing criminal law and the entire penitentiary system over a century ago.

What I call ‘anarchist law’ here should be understood as a collective term with plural meanings. ‘Anarchist’ refers both ideologically to ‘anti-capitalist’ and sociologically/politically to ‘without coercion’. Referring to ‘law’ as anarchist law thus places the term into a forward-looking perspective towards a libertarian society. This future-oriented focus does not imply that it is new, or without a past. Forms of anarchist law have always existed, but have remained largely unknown.

As is evident in my first contribution in the recently-published brochure Anarchistisch Recht, entitled ‘Law and Power in a Libertarian Perspective’, one of the sources of law is human co-operation. This is further elaborated in my second contribution, ‘George Gurvitch (1894-1965) and Social Law’, where his ideas of ‘social law’ and political pluralism are discussed.

The third contribution, entitled ‘State, Law, and Legitimacy’, addresses the foundations of that ‘other’, libertarian society, by French libertarian activist, anarcho-syndicalist, and historian René Berthier. The fourth contribution comes from French libertarian jurist Anne-Sophie Chambost, a university lecturer in legal history specializing in Proudhon. She demonstrates that anarchist law already has a history. Her text is titled ‘Anarchist Thoughts on Law in the 19th and 20th Centuries’.

In these first four contributions, anarchism and law are seen as converging. As already noted, this doesn’t preclude viewing the two phenomena in a divergent, mutually-opposed sense. Law that is used to maintain the existing capitalist society, which is precisely what anarchists are fighting against, is a main aspect of this opposition. The Armenian physician, activist anarchist, and author Alexander Atabekyan (1868-1933) makes clear to us that this has been the case for a long time. His contribution, the fifth, was sent to me in a German translation from Russian, published here under the title ‘Law and Supremacy’.

The apparent divergence between anarchism and law can be put into practice or worked around in various ways. In the sixth contribution, I listed some of these anarchists’ ways: ‘Apart from the Law – On Illegalists, Direct Action, Take and Eat movement’. Finally, the seventh contribution is by French libertarian jurist and anarcho-syndicalist Pierre Bance, who once again comprehensively examines the ‘question of law in anarchy’ and encourages recognising ‘anarchist law’ as a key issue.