This is my final post in answering @simonr916 questions on the practicalities of a libertarian legal system which looks at the mechanics of a free market criminal law system.
To cover all the theoretical nuances is simply not possible in a single blog post. For anyone wanting to study this area in depth I highly recommend: “Anarchy and the Law” which is a fantastic collection of essays on the subject by a number of leading libertarian thinkers.
I am including links to the text and audio or video material to make it a bit easier to digest for those who don;t want to read it all.
A good place to start is Morris & Linda Tannehill: Chapter 9: The Market for Liberty
Followed by Rothbard – Police, Law & Courts, Chapter 12: For a New Liberty
David Friedmann – Police Courts & laws on the market. Part 3 II – The Machinery of Freedom
There are also a number of societies throughout history that have operated forms of private law without a state. The most interesting ones are:
Irish Celtic Brehon Law from the bronze age right through to the early 17th century
Kapauku Papuans of West New Guinea