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Jurisprudence

2010

Bryan H. Druzin

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Finding Footing In A Postmodern Conception Of Law, Bryan H. Druzin Dec 2009

Finding Footing In A Postmodern Conception Of Law, Bryan H. Druzin

Bryan H. Druzin

The following jurisprudence paper examines the implications of postmodern thought upon our conception of law. In this paper I argue that, despite the absolute, all-consuming moral relativism towards which postmodernism seems to lead in its most extreme form, its acceptance in fact in no way undermines the possibility of finding solid ground for our legal principles. This paper contends that moral objectivity can be found in the individual experience of suffering generated by these very subjective concoctions. Subjective concoctions or not, they are real in that they imbue a sense of value into conditions, and may thus serve as foundational …

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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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