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Mobilizing Private Law, Richard O. Lempert

Book Chapters

The mobilization of law may be thought of as the process by which legal norms are invoked to regulate behavior. In the area of private law, mobilization has two distinct aspects. The first is the process by which existing disputes become engaged in the legal system. In theory this means that disputes are transferred from an arena where their resolution and the enforcement of resolutions depends on the relative power of the parties as enhanced or constrained by non-governmental normative systems to an arena where disputes are resolved by reference to governmental (legal) norms and resolutions enforced by the power …