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Law for Sale - A Philosophical Critique of Regulatory Competition (Hardcover)
Loot Price: R2,229
Discovery Miles 22 290
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Law for Sale - A Philosophical Critique of Regulatory Competition (Hardcover)
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Common markets, open borders, air traffic, and the internet have
made it faster and less expensive to change places and
jurisdictions. As a result, legal forums are increasingly treated
as a good that is subject to the market mechanism. Individuals and
corporations increasingly have free reign to choose which legal
rules to apply to their company, their contract, their marriage, or
their insolvency proceedings. States in turn grant these
opportunities and respond to demand by competing with other
suppliers of legal regimes. 'Regulatory competition' describes a
dynamic in which states as producers of legal rules compete for the
favour of mobile consumers of their legal products. This book
focuses on the philosophical underpinnings, problems, and
consequences of such regulatory competition. It argues that there
is a mismatch between regulatory competition as a policy approach
and the beliefs and commitments that shape our thinking about law
and the state. It concludes that 'law markets' are potentially at
odds with both our conception of the functions of legal rules and
of key political ideals and principles such as democracy, state
autonomy, and political authority.
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