Concept

Polycentric law

Polycentric law is a theoretical legal structure in which "providers" of legal systems compete or overlap in a given jurisdiction, as opposed to monopolistic statutory law according to which there is a sole provider of law for each jurisdiction. Devolution of this monopoly occurs by the principle of jurisprudence in which they rule according to higher law. Tom W. Bell, former director of telecommunications and technology studies at Cato Institute, now a professor of law at Chapman University School of Law in California wrote "Polycentric Law", published by the Institute for Humane Studies, when he was a law student at the University of Chicago. In it he notes that others use phrases such as "non-monopolistic law" to describe these polycentric alternatives. He outlines traditional customary law (also known as consuetudinary law) before the creation of states, including as described by Friedrich A. Hayek, Bruce L. Benson, and David D. Friedman. He mentions Anglo-Saxon customary law, church law, guild law, and merchant law as examples of what he believes is polycentric law. He states that customary and statutory law have co-existed through history, as when Roman law applied to Romans throughout the Roman Empire, but indigenous legal systems were permitted for non-Romans. In "Polycentric Law in the New Millennium," which won first place in the Mont Pelerin Society's 1998 Friedrich A. Hayek Fellowship competition, Bell predicts three areas where polycentric law might develop: alternative dispute resolution, private communities, and the Internet. The University of Helsinki (Finland) funded a "Polycentric Law" research project from 1992 to 1995, led by professor Lars D. Eriksson. Its goal was to demonstrate "the inadequacy of current legal paradigms by mapping the indeterminacies of both the modern law and the modern legal theory. It also addressed the possibility of legal and ethical alternativies to the modern legal theories" and "provided openings to polycentric legal theories both by deconstructing the idea of unity in law and re-constructing legal and ethical differences".

About this result
This page is automatically generated and may contain information that is not correct, complete, up-to-date, or relevant to your search query. The same applies to every other page on this website. Please make sure to verify the information with EPFL's official sources.
Related concepts (3)
Horizontalidad
Horizontalidad (oɾisontaliˈðað, horizontality or horizontalism) is a social relationship that advocates the creation, development, and maintenance of social structures for the equitable distribution of management power. These structures and relationships function as a result of dynamic self-management, involving the continuity of participation and exchange between individuals to achieve the larger desired outcomes of the collective whole.
Customary law
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: a certain legal practice is observed and the relevant actors consider it to be an opinion of law or necessity (opinio juris). Most customary laws deal with standards of the community that have been long-established in a given locale.
Anarcho-capitalism
Anarcho-capitalism (or, colloquially, ancap or '"an-cap"') is an anti-statist, libertarian, political philosophy and economic theory that seeks to abolish centralized states in favor of stateless societies with systems of private property enforced by private agencies, the non-aggression principle, free markets and self-ownership, which extends the concept to include control of private property as part of the self.

Graph Chatbot

Chat with Graph Search

Ask any question about EPFL courses, lectures, exercises, research, news, etc. or try the example questions below.

DISCLAIMER: The Graph Chatbot is not programmed to provide explicit or categorical answers to your questions. Rather, it transforms your questions into API requests that are distributed across the various IT services officially administered by EPFL. Its purpose is solely to collect and recommend relevant references to content that you can explore to help you answer your questions.