The Public and the Private in the Provision of Law for Global Transactions
CONTRACTUAL CERTAINTY IN INTERNATIONAL TRADE: EMPIRICAL STUDIES AND THEORETICAL DEBATES ON INSTITUTIONAL SUPPORT FOR GLOBAL ECONOMIC EXCHANGES OXFORD, Volkmar Gessner, ed., Hart Publishing, 2009
USC Center for Law and Economics Research Paper No. C09-15
USC Legal Studies Research Paper No. 09-28
28 Pages Posted: 28 May 2009 Last revised: 13 Oct 2009
Date Written: 2009
Abstract
In this essay, I revisit the public/private divide in order to explore more fully the potential for private production of law in global exchange and also to clarify what I think are differences in the way common law and civil legal scholars think about the public and the private in law.
Keywords: private legal systems, globalization, international trade, common law, civil code
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