Privatizing the Adjudication of Disputes
@article{Caplan2008PrivatizingTA, title={Privatizing the Adjudication of Disputes}, author={Bryan Caplan and Edward Peter Stringham}, journal={Theoretical Inquiries in Law}, year={2008}, volume={9}, pages={503 - 528} }
Must the state handle the adjudication of disputes? Researchers of different perspectives, from heterodox scholars of law who advocate legal pluralism to libertarian economists who advocate the privatization of law, have increasingly questioned the idea that the state is, or should be, the only source of law. Both groups point out that government law has problems and that non-state alternatives exist. This Article discusses some problems with the public judicial system and several for-profit…
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References
SHOWING 1-10 OF 18 REFERENCES
Alternative Dispute Resolution: An Economic Analysis
- EconomicsThe Journal of Legal Studies
- 1995
When parties need to resolve disputes, they may often turn not only to trial before courts but also to alternative methods of dispute resolution (ADR), such as arbitration. This article examines why…
An Exploration of the Impact of Modern Arbitration Statutes on the Development of Arbitration in the United States
- Law
- 1995
Findings from historical research show that the "evidence" generally cited to support the contention that arbitration is effective primarily because of the threat of court-imposed sanctions should…
Overlapping Jurisdictions, Proprietary Communities, and Competition in the Realm of Law
- Law
- 2006
Frey [2001] and others propose subjecting governments to competition within their jurisdiction, but classical liberals argue that having competing law enforcers cannot work. This article describes a…
Market Chosen Law
- Law
- 1999
Discusses examples of private law enforcement in the world today. On a local level, universities, condominium associations, and shopping malls all provide rules and security to create a safe…
The Federalist No
- Political Science
- 2007
AMONG the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular…
Gullah Island Dispute Resolution
- Law
- 2006
Restorative justice has been suggested as a means to deal with disproportionate minority confinement and other social problems within communities of color, specifically the Black community. However,…
The Capability of Government in Providing Protection Against Online Fraud
- Law, Political Science
- 2005
Online merchants are exposed to serious threats of fraud, which has the potential to cripple electronic commerce. Classical liberals such as Epstein and North believe that markets require…
Understanding legal pluralism in water rights: lessons from Africa and Asia
- Economics
- 2005
Water rights, like the underlying resource itself, are fluid and changing; they necessarily connect people; and they can derive from many sources. As water rights are now receiving increasing…
Information and Efficiency: Another Viewpoint.
- Economics
- 1969
The importance of bringing economic analysis to bear on the problems of efficient economic organization hardly requires comment, but there is a need to review the manner in which the notion of…
The Role of Market Forces in Assuring Contractual Performance
- Economics, BusinessJournal of Political Economy
- 1981
The conditions under which transactors can use the market (repeat-purchase) mechanism of contract enforcement are examined. Increased price is shown to be a means of assuring contractual performance.…