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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
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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

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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)Google Scholar

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