Gillian K Hadfield and Barry R Weingast, Is Rule of Law an Equilibrium Without Private Ordering? (University of Southern California Legal Studies Paper No 16-18; Stanford Law and Economics Olin Working Paper No 493, 2016), available at SSRN. In their new paper, Is Rule of Law an Equilibrium Without Private Ordering?, Gillian Hadfield and Barry Weingast make a provocative claim about the rule of law: that private ordering is what produces and sustains it, not the institutions of government. This is an important contribution to rule of law debates, which are so heavily focused on public institutions and public law while leaving the role of private ordering and private law undertheorized … (more)
[Lisa Austin, JOTWELL, 20 October]
First posted 2016-10-20 11:33:25
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