What's So Private about Private Ordering
Bibliographic Data
| ID | 4922484 |
|---|---|
| Authors | Tehila Sagy (Stanford University, corresponding author) |
| Year | 2011 |
| Volume | 45 |
| Issue | 4 |
| Pages | 923-954 |
| Publication date | 2011-12-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Society Review (JOURNAL) |
| Journal identifiers | ISSN: 0023-9216 • E-ISSN: 1540-5893 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1111/j.1540-5893.2011.00461.x |
| OpenAlex | W1945983521 |
| Language | EN |
| Citations received | 5 |
| References cited | 40 |
Private ordering-i.e., development of extralegal forums and forms of dispute processing by nonhierarchical groups-has preoccupied legal economists for nearly three decades. According to the prevailing analysis, private orders grow in socially-flat market communities without any intervention by the state. This article challenges the received view on two fronts: First, it establishes a causal connection between the development of private orders and a social hierarchy. Second, the article demonstrates that the state often intentionally assumes a proactive role in the creation of these orders. To illustrate this two-pronged theory of private ordering, this article offers a detailed analysis of three well-known cases that have been considered prototypes of private ordering by market communities: the Diamond Dealers Club of New York, the kibbutz in Israel, and ranch owners in Shasta County, California. Finally, the article argues for a need to re-evaluate the feasibility and desirability of private ordering and privatization of law
Club · Economics · Hierarchy · Intervention (counseling · Law and economics · Political science · Private law · Public law · Sociology · State (computer science · Law · Law, Economics, and Judicial Systems · Legal principles and applications · Mathematics · Psychology · Sex work and related issues
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| Unique citing works | 5 |
|---|---|
| Citations per year | 0,42 |
| Citation span | 2014 - 2025 (12) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 4 |