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Vol 23 No 6 June/July 2018

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Drafting Commercial Agreements

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Data protection handbook

Order Without Law

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Robert C. EllicksonWalter E. Meyer Professor of Property and Urban Law, Yale Law School, USA

ISBN13: 9780674641686
ISBN: 067464168X
Published: August 1991
Publisher: Harvard University Press
Format: Hardback
Price: Out of print

In ""Order without Law"" Ellickson shows that law is far less important than is generally thought. He demonstrates that people largely govern themselves by means of informal rules - social norms - that develop without the aid of a state or other central coordinator. Integrating the latest scholarship in law, economics, sociology, game theory, and anthropology, Ellickson investigates the uncharted world within which order is successfully achieved without law.;The springboard for his theory of norms is his close investigation of a variety of disputes arising from the damage created by escaped cattle in Shasta County, California. In ""The Problem of Social Cost"" the economist Ronald H. Coarse depicts farmers and ranchers as bargaining in the shadow of the law while resolving cattle-trespass disputes. Ellickson's field study of this problem refutes many of the behavioural assumptions that underlie Coarse's vision.;Drawing examples from a wide variety of social contexts, including whaling grounds, photocopying centers, and landlord-tenant relations. Ellickson explores the interaction between informal and legal rules and the usual domains in which these competing systems are employed. ""Order without Law"" grounds its analysis in real world events, while building a broad theory of how people cooperate to mutual advantage.

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Part 1 Shasta country: Shasta country and its cattle industry; the politics of cattle trespass; the resolution of cattle-trespass disputes; who pays for boundary fences?; disputes arising out of highway collisions involving livestock; the effects of closed-range ordinances.
Part 2 A theory of norms: the system of social control; the puzzle of co-operation; a hypothesis of welfare-maximizing norms; substantive norms - of bees, cattle, and whales; remedial norms - of carrots and sticks; procedural and constitutive norms - of gossip, ritual, and hero worship; controller-selecting norms - of contracts, custom, and photocopies.
Part 3 The future of norms: testing the content of norms; conclusions and implications. Appendix: research methods.