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Source link: http://archive.mises.org/6795/the-enterprise-of-customary-law/

The Enterprise of Customary Law

June 29, 2007 by

Even though most academics do not question the logic of government domination of law and the maintenance of order, large segments of the population do. Surveys and polls indicate growing dissatisfaction with all aspects of government law enforcement in the United States, particularly with the courts and the corrections system. More importantly, citizens are turning to the private sector in ever increasing numbers for services which presumably are “not controversial functions of government.” Privately produced crime detection and prevention, arbitration, and mediation are growth industries in the United States. FULL ARTICLE

{ 3 comments }

Jacob Steelman June 29, 2007 at 5:38 pm

Since I am a lawyer practicing international commercial law I found this article absolutely fascinating. Anyone who has had the misfortune of ending up in a government court to resolve a dispute can tell you how frustrating it is. It is an inefficient system designed for the employement of judges, clerks, administrative staff and the lawyers. It is covered with legal and procedural mine fields. It often involves political influences and decisions. It generally is a winner take all system. In contrast the private mediation and arbitration process is highly efficient – the arbitrator or arbitrators are well paid and conduct the arbitration in a business manner. They understand that they are there to conclude the arbitration process and render a decision as promptly as possible. There are no procedural landmines. There are not alot of delays and not alot of administrative staff. The results can be winner take all or sometimes an accomodation but generally always the right result. It is little wonder international commercial disputes so often go to arbitration and that arbitration clauses are common in international contracts.

Juan June 29, 2007 at 8:10 pm

” For example, before 1954 an adulterous woman was executed by her husband.”
“But as the price for wives increased, men …came to realize that the sanction was too costly ”

“The legal system evident in Kapauku culture… exhibits several characteristics:

1.. primary rules characterized by a predominant concern for individual rights and private property; “

Excuse me ? Is this libertarian morality ?

Brainpolice June 29, 2007 at 9:06 pm

The structure of polycentric law does not speak to the content of the law, only how it is adminsters and structured.

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