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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.
This book investigates whether the commodification of legal systems through regulatory competition is compatible with fundamental political principles such as democracy and state autonomy. Johanna Stark examines the phenomenon of 'law markets,' where individuals and corporations select jurisdictions based on favorable legal regimes. The author analyzes the philosophical tensions between market-driven legal production and traditional state-centered concepts of authority, arguing that current policy approaches create a significant mismatch with established democratic commitments.
What You Will Find
Scope Limits
Scholars in the fields of law and economics frequently cite this work for its rigorous challenge to the efficiency-based justifications of regulatory competition. Readers often note the academic density of the prose, which is best suited for those with a background in legal theory or political philosophy.
Page Count:
224
Publication Date:
2019-01-01
Publisher:
Oxford University Press
ISBN-10:
0192575880
ISBN-13:
9780192575883
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