THE AUTONOMY-COMMUNITY BALANCE AND THE EQUITY-LAW DISTINCTION - ANARCHY TASK FOR PSYCHOLOGICAL JURISPRUDENCE

Anarchist political theory holds that efforts to achieve an optimal balance between individual autonomy and psychological sense of community are often hindered rather than helped by institutionalized legal principles and practices. Despite law's dominance, echoes of earlier forms of social organization more in keeping with optimal well-being may be identified in legal doctrine related to such topics as the distinction between law and equity, jury nullification, and the Ninth Amendment, all of which have been subject to much criticism. Adherents of psychological jurisprudence concerned with the subjective experience of law and with social justice should take seriously the anarchist position that radical social change is needed to help society progress in a direction more suited to basic human needs and values.