Epstein reflects on the historical evolution and economic structure of the Law Merchant. It includes the rules governing sale, credit, insurance, transportation, and partnership. In approaching so salient a topic, it comes as something of a shock to realize that the first order of business in this venerable area is the extensive over the existence of the Law Merchant.
Kadens re-examines the evidence for medieval merchant law and argues that an identifiable merchant law of a sort did indeed exist. The historical lex mercatoria was not a single, uniform, essentially private legal system, but rather iura mercatorum, the laws of merchants: bundles of public privileges and private practices, public statutes and private customs sheltered under the umbrella concept of merchant law by their association with a particular sort of supra-local trade and the people who carried it out.
The Uniform Commercial Code's (UCC's) approach to adjudication based on application of immanent business norms is misguided, as suggested by the more formalistic approach taken by the National Grain and Feed Association's arbitration system. A safe harbor should be included in the UCC to give merchants the ability to select their preferred combination of legal and extralegal standards. Merchants distinguish between relationship-preserving and end-game norms, a distinction that is eradicated by the UCC's approach.
In American contract law, plain meaning is more consistent with common law practice, while incorporation is explicitly a part of the Uniform Commercial Code. The debate about the propriety of each strategy entails not only a contest about which of these sources of law have a theoretical advantage but also empirical claims about the actual practices of commercial actors. Gillette discusses the institutional design and international usages of the law merchant under The United Nations Convention on Contracts for the International Sale of Goods.
Jackson is rescued one night from a pair of thugs clearly planning to mug him by Sofia (Natasha Richardson), a White Russian émigré working as a taxi dancer and maybe a prostitute, though the film is reticent on this angle. Her Russian in-laws are played by the rest of the Redgrave gang. Vanessa (Richardson's real mother) is the old countess. Aunt Lynn plays Olga, Sofia's spiteful mother-in-law. (Her husband is dead.) Madeleine Potter - long a Merchant Ivory fave - is Greshenka, Sofia's sister-in-law and supposed "protector" of Sofia's young daughter Katya. This nest of vipers plans to escape to Hong Kong, taking Katya, who adores her mother, and abandoning Sofia because taxi-dancing, et al., has made her unacceptable to the snooty White Russian community. Jackson opens a nightclu...
Rosen comments the Fassberg's argument is a fatal blow against the attempt to ground the new law merchant on the precedent of a historical lex mercatoria characterized as a body of spontaneous, merchant-created norms and practices that stands apart from national legal systems. By reflecting on the history and facets of lex mercatoria, it would appear that neither codification nor the party-autonomy principles of private international law preclude a role for a new law merchant.
A decentralized legal system can be developed by taking a bottom-up approach based on social norms. This approach represents a return to an older conception that judges should find the law rather than construct it. According to this approach, the lawmaker should identify social norms, evaluate them according to a structural test, and then legally enforce a norm if it passes the test. The structural test uses game theory and the theory of norms to determine whether enforcement would be fair and efficient by evaluating the norm's incentive structure. Evidence for the existence of a norm is based on whether it has become internalized.
ver las páginas en versión mobile | web
ver las páginas en versión mobile | web
© Copyright 2012, vLex. All Rights Reserved.
Contents in vLex United States
Explore vLex
For Professionals
For Partners
Company
Other interesting searches:
concepto garantia | Elaine Benes | Kat James | Richard Halloran | tonga room | Código de faltas | educacion especial concepto | francisco sanchez torres | actos hechos
