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Democratic Degradation: Replacing the Law of the State with the “Law” of the Firm

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0003
Subject:
Law, Company and Commercial Law

This chapter focuses on the democratic degradation that may be caused by the apparent replacement of the law of the state with the “law” of the firm when boilerplate is deployed in mass markets. It ... More


Introduction

Oscar Gelderblom

in Cities of Commerce: The Institutional Foundations of International Trade in the Low Countries, 1250-1650

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691142883
eISBN:
9781400848591
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691142883.003.0001
Subject:
Economics and Finance, Economic History

This book explores the impact of urban competition on the institutional foundations of international trade in the Low Countries during the period 1250–1650, with particular emphasis on local and ... More


Guilds and Governments

Sheilagh Ogilvie

in The European Guilds

Published in print:
2019
Published Online:
May 2019
ISBN:
9780691137544
eISBN:
9780691185101
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691137544.003.0002
Subject:
Economics and Finance, Economic History

This chapter examines how a guild got privileges over particular economic activities. Though guilds are sometimes called private-order institutions, in practice they were recognized by the public ... More


Global Intellectual Property Protection and New Constitutionalism: Hedging Exclusive Rights

Jonathan Griffiths and Tuomas Mylly (eds)

Published in print:
2021
Published Online:
December 2021
ISBN:
9780198863168
eISBN:
9780191895661
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863168.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

The constitutionalisation of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an ... More


Private v Private: Transnational Private Law and Contestation in Global Economic Governance

Robert Wai

in Private International Law and Global Governance

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198727620
eISBN:
9780191793684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727620.003.0003
Subject:
Law, Private International Law, Constitutional and Administrative Law

The chapter considers transnational private law and private ordering as venues for contestation in economic governance. Various factors have reduced the effectiveness and legitimacy of public law ... More


On Prosecution, Legal Decision-Making, and Law

Keith Hawkins

in Law as Last Resort: Prosecution Decision-Making in a Regulatory Agency

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199243891
eISBN:
9780191714184
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243891.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter reflects upon the character of legal control. Prosecution is a symbolic act, expressing conceptions of moral order, which carries meanings beyond any instrumental purpose to be served in ... More


Groups

in Secrets, Sex, and Spectacle: The Rules of Scandal in Japan and the United States

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226894089
eISBN:
9780226894119
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226894119.003.0004
Subject:
Law, Comparative Law

This chapter focuses on one type of scandal: scandal involving groups. Japan has a long history of encouraging self-governance by groups. That trait generally fosters secrets and leads to a reliance ... More


Private Governance: Creating Order in Economic and Social Life

Edward Peter Stringham

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199365166
eISBN:
9780199366132
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199365166.001.0001
Subject:
Economics and Finance, Public and Welfare

From the world’s first stock markets in the seventeenth century, to private policing in the early days of San Francisco, to the millions of credit card transactions and the complex financial markets ... More


Copyright Law and Social Norms

Michael D Birnhack

in Colonial Copyright: Intellectual Property in Mandate Palestine

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199661138
eISBN:
9780191746147
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661138.003.0007
Subject:
Law, Legal History, Intellectual Property, IT, and Media Law

Chapter 6 provides a socio-legal explanation for the slow reception of colonial copyright within the Hebrew community. It discusses the state of the legal field (including lawyers and legal ... More


Intellectual Property and International Law: A Research Framework

Henning Grosse Ruse-Khan

in Handbook of Intellectual Property Research: Lenses, Methods, and Perspectives

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198826743
eISBN:
9780191865695
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826743.003.0002
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter offers a framework for legal research that concerns or applies ‘international law’ concepts, perspectives, and methodologies to intellectual property (IP). The idea is to discuss how ... More


Blockchains, Private Ordering, and the Future of Governance

Jonathan Rohr and Aaron Wright

in Regulating Blockchain: Techno-Social and Legal Challenges

Published in print:
2019
Published Online:
August 2019
ISBN:
9780198842187
eISBN:
9780191878206
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198842187.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law, Company and Commercial Law

Ten years ago Satoshi Nakamoto published the Bitcoin white paper and launched the first Bitcoin protocol. Since then, blockchain’s potential to impact upon a wide variety of relationships and ... More


Private Ordering in Family Law

Brian H. Bix

in Philosophical Foundations of Children's and Family Law

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198786429
eISBN:
9780191828690
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786429.003.0013
Subject:
Law, Philosophy of Law

The chapter begins by clarifying what is meant by ‘private ordering’ in family law—where the primary focus is usually not on the fact of private ordering, but the question of state recognition or ... More


A Pragmatic Approach to Global Law

Benoit Frydman

in Private International Law and Global Governance

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198727620
eISBN:
9780191793684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727620.003.0010
Subject:
Law, Private International Law, Constitutional and Administrative Law

Global Law entails not only a change of the scope of legal rules but a fundamental change of the forms, the dispositives, and the institutions that contribute to create and enforce global norms. ... More


Contracts and Cartels: Reconciling Competition and Development Policy

Barak D. Richman (ed.)

in Competition Law and Development

Published in print:
2013
Published Online:
January 2014
ISBN:
9780804785716
eISBN:
9780804787925
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804785716.003.0010
Subject:
Law, Competition Law

It has become conventional wisdom that effective competition policy is a necessary ingredient to economic development. But sometimes competition policy is at odds with the pressing priority of ... More


The Fiduciary State and Private Ordering

Margaret Jane Radin

in Contract, Status, and Fiduciary Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.003.0014
Subject:
Law, Company and Commercial Law

By allowing firms to foreclose access to the courts and legal remedies through boilerplate rights deletions, the American legal system is failing civil society, and its legal institutions are ... More


Afterword

in Secrets, Sex, and Spectacle: The Rules of Scandal in Japan and the United States

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226894089
eISBN:
9780226894119
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226894119.003.0008
Subject:
Law, Comparative Law

Now, as then, one development that often follows modern scandal is the enactment of rules to combat the evil that is assumed to have caused to it. Take corporate scandals. Sokaiya scandals in Japan ... More


Introduction: Merely For Money?

in ‘Merely for Money’?: Business Culture in the British Atlantic, 1750–1815

Published in print:
2012
Published Online:
June 2013
ISBN:
9781846318177
eISBN:
9781846317729
Item type:
chapter
Publisher:
Liverpool University Press
DOI:
10.5949/UPO9781846317729.002
Subject:
History, Economic History

This introductory chapter discusses the theme of this volume which is about the business culture in the British Atlantic during the period from 1750 to 1815. This volume aims to provide a better ... More


Bargaining in the Shadow of the Law: The Case of Divorce

Robert H. Mnookin and Lewis Kornhauser

in Discussions in Dispute Resolution: The Foundational Articles

Published in print:
2021
Published Online:
June 2021
ISBN:
9780197513248
eISBN:
9780197513279
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197513248.003.0001
Subject:
Law, Constitutional and Administrative Law

This article suggests an alternative way of thinking about the role of law at the time of divorce. It is concerned primarily with the impact of the legal system on negotiations and bargaining that ... More


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