Skip to main content Accessibility help
×
Home
Hostname: page-component-544b6db54f-d2wc8 Total loading time: 0.807 Render date: 2021-10-20T02:00:51.571Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

26 - Private Ordering

from Part V - Private Law (Rule-Setting) beyond the State

Published online by Cambridge University Press:  09 April 2021

Stefan Grundmann
Affiliation:
European University Institute, Florence
Hans-W. Micklitz
Affiliation:
European University Institute, Florence
Moritz Renner
Affiliation:
Universität Mannheim, Germany
Get access

Summary

Every theory of private law has to deal with the fact the law is just one means among many that private parties can use to order their relationships. This fact concerns every area of life, from families to corporations. Even if there are no formal laws regulating a certain area, there are nevertheless norms that determine how people behave, how others will judge their behaviour, and how deviant behaviour is sanctioned. In some instances, these norms can be considered as a form of private ordering. Here, private actors establish a normative order with effects comparable to those of state law (public ordering). The norms of private ordering that this chapter deals with are especially widespread where ‘official’, state-made law has little or no effect.

Type
Chapter
Information
New Private Law Theory
A Pluralist Approach
, pp. 484 - 494
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Bernstein, Lisa, ‘Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry’, 21 Journal of Legal Studies 115–57 (1992)Google Scholar
Ellickson, Robert C, Order Without Law: How Neighbors Settle Disputes (Cambridge / MA: Harvard University Press, 1991), pp. 123–36Google Scholar
Bachmann, Gregor, Private Ordnung: Grundlagen ziviler Regelsetzung (Tübingen: Mohr Siebeck, 2006)Google Scholar
Bix, Brian, ‘Private Ordering in Family Law’, in Brake, Elizabeth et al. (eds.), Philosophical Foundations of Family and Children (Oxford: Oxford University Press, 2018)Google Scholar
Dietz, Thomas, Global Order Beyond Law (Oxford: Hart, 2014)Google Scholar
Wielsch, Dan, ‘Global Law’s Toolbox: Private Regulation by Standards’, 60 American Journal of Comparative Law 1075–104 (2012)CrossRefGoogle Scholar

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×