In the Hobbesian tradition of political thought, the likelihood that conventions of property and contract will spontaneously emerge and be protected by the voluntary defensive action of those benefiting from the conventions is never envisaged, and the task is entrusted to Leviathan, despite ample evidence that such conventions have since time immemorial been deeply anchored in people’s consciousness and conduct. Hume, I believe, was the first to recognise that conventions, including those regarding property and the keeping of reciprocal promises (i.e. contracts), exist and are the outcome of spontaneous rational conduct. He implicitly but clearly scotches the Hobbesian idea of a need for Leviathan when he says “…the stability of possession, its translation by consent and the performance of promises. These are…antecedent to government.”
The complete set of conventional rules banning torts against life, limb and property, nuisances, and incivilities is neither imposed nor sponsored by authority. Nor is it the outcome of bargaining. It constitutes ordered anarchy.