Lysander Spooner, Lifestyle Anarchism, and Jury Nullification

Individual anarchism, a social movement of the early nineteenth century, was founded on the principles of self-sovereignty and individualism. One such anarchist, Lysander Spooner, argues in “Vices are not Crimes” that vices should not be criminalized by the State. To do so, “deprive*s+ every man of his… liberty to pursue his own happiness.”1 I argue that Spooner’s essay lays the foundation for “lifestyle anarchism,” the doctrine that all the affairs of human beings within the domain of their lifestyle choices (provided they do not harm the person or property of another), should be managed by individuals or voluntary associations.
One method of resistance against the criminalization of lifestyle choices is jury nullification: the ability of the jury to return a verdict of “not guilty” despite evidence of guilt. Spooner, in An Essay on the Trial by Jury, argues that nullification can be used to resist oppressive laws. I contend that lifestyle anarchists should support efforts by organizations such as the Fully Informed Jury Association to educate the public of their ability to practice jury nullification.