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Selected Works

Bryan H. Druzin

International Law

Articles 1 - 4 of 4

Full-Text Articles in Law

Restraining The Hand Of Law: A Conceptual Framework To Shrink The Size Of Law, Bryan H. Druzin Dec 2013

Restraining The Hand Of Law: A Conceptual Framework To Shrink The Size Of Law, Bryan H. Druzin

Bryan H. Druzin

There is a fierce ideological struggle between two warring camps: those who rally against expansive government and those who support it. Clearly, the correct balance must be struck between the extremes of legislative over-invasiveness and the frightening total absence of legal structure. This paper articulates a framework that allows for legislative parsimony—a way to scale back state law in a way that avoids lurching to unnecessary extremes. I assume the libertarian premise that law should strive to encroach as minimally as possible upon social order, yet I argue that we must do this in a highly selective fashion, employing a …

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Opening The Machinery Of Private Order: Public International Law As A Form Of Private Ordering, Bryan H. Druzin Dec 2013

Opening The Machinery Of Private Order: Public International Law As A Form Of Private Ordering, Bryan H. Druzin

Bryan H. Druzin

Does legal order always need the enforcement power of the State? The concept of private order says no. Private ordering is traditionally defined as the coming together of non-governmental parties in voluntary, self-enforcing arrangements. This Article radically expands the concept of private order to include not only individuals, but also governments themselves, arguing that the ingredients for private ordering exist in both spheres. State actors, perhaps even more so than individuals, are producers of private order in that they regularly establish sophisticated legal order in the absence of centralized enforcement. The Article constructs a theory of private order which focuses …

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Law Without The State: The Theory Of High Engagement And The Emergence Of Spontaneous Legal Order Within Commercial Systems, Bryan H. Druzin Dec 2009

Law Without The State: The Theory Of High Engagement And The Emergence Of Spontaneous Legal Order Within Commercial Systems, Bryan H. Druzin

Bryan H. Druzin

This paper examines the idea that commercial law has the capacity to evolve spontaneously in the absence of a clear state authority because of its unique nature. I argue that the manner of interaction implied by commerce plays a crucial role in this ability as it involves a high degree of overall engagement. This I term “high engagement,” which I divide into two elements: repetition and the creation of clear cycles of interaction. Together they produce identifiable legal norms and subsequent compliance. Game theorists have long recognized the importance of repeated interaction in inducing cooperation; however, how the manner of …

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Buying Commercial Law: Choice Of Forum, Choice Of Law, And Network Effect, Bryan H. Druzin Dec 2008

Buying Commercial Law: Choice Of Forum, Choice Of Law, And Network Effect, Bryan H. Druzin

Bryan H. Druzin

This paper applies network effect theory to transnational commercial law, arguing that commercial parties selecting law through choice of law and choice of forum clauses can be likened to consumers selecting a product, and thus equally susceptible to the effects of network externalities. The number of “consumers” who subscribe to the same legal norms is analogous to the number of consumers who use a product. As the number of “consumers” increases, so too does the inherent value of selecting that jurisdiction, inducing even more parties to “purchase” that body of law. This is a network effect. I argue that transnational …

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