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Opening The Machinery Of Private Order: Public International Law As A Form Of Private Ordering, Bryan H. Druzin
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 …
Planting Seeds Of Order: How The State Can Create, Shape, And Use Customary Law, Bryan H. Druzin
Planting Seeds Of Order: How The State Can Create, Shape, And Use Customary Law, Bryan H. Druzin
Bryan H. Druzin
This paper argues that government can strategically trigger the emergence of customary law in order to achieve specific policy ends. While much has been written on customary law, the idea that the State can stimulate its emergence is a radical notion with clear policy implications. Harnessed correctly, such an approach could be a powerful legislative weapon to create, sustain, and even redirect social order. Building upon basic insights from game theory, the paper posits a way to do this: policymakers can deliberately recreate the social conditions that foster the emergence of customary order. The paper, however, draws a sharp divide …