Norms and Law: Putting the Horse Before the Cart

Law and society scholars have long been fascinated with the interplay of formal legal and informal extralegal procedures. Unfortunately, the fascination has been accompanied by imprecision, and scholars have conceptually conflated two very different mechanisms that extralegally resolve disputes. One set of mechanisms might be described as the shadow of the law, made famous by seminal works by Professors Stewart Macaulay and Marc Galanter, in which social coercion and custom have force because formal legal rights are credible and reasonably defined. The other set of mechanisms, recently explored by economic historians and legal institutionalists, might be described as order without law, borrowing from Professor Robert Ellickson\u27s famous work.1 In this second mechanism, extralegal mechanisms—whether organized shunning, violence, or social disdain—replace legal coercion to bring social order and are an alternative to, not an extension of, formal legal sanctions. One victim of conflating these mechanisms has been our understanding of industry-wide systems of private law and private adjudication, or private legal systems. Recent examinations of private legal systems have chiefly understood those systems as efforts to economize on litigation and dispute-resolution costs, but private legal systems are better understood as mechanisms that economize on enforcement costs. This is not a small mischaracterization. Instead, it reveals a deep misunderstanding of when and why private enforcement systems arise in a modern economy. This Essay provides a taxonomy for the various mechanisms of private ordering. These assorted mechanisms, despite their important differences, have been conflated in large part because there has been a poor understanding of the particular institutional efficiencies and costs of the alternative systems. Specifically, enforcement costs have often been inadequately distinguished from procedural or disputeresolution costs, and this imprecision has produced theories that inaccurately predict when private ordering will thrive and when the costs of private ordering overwhelm corresponding efficiencies. The implications for institutional theory are significant, as confusion in the literature has led to overappreciation of private ordering, underappreciation of social institutions, and Panglossian attitudes toward both lawlessness and legal development

A Comparative Study of Coq and HOL

This paper illustrates the differences between the style of theory mechanisation of Coq and of HOL. This comparative study is based on the mechanisation of fragments of the theory of computation in these systems. Examples from these implementations are given to support some of the arguments discussed in this paper. The mechanisms for specifying definitions and for theorem proving are discussed separately, building in parallel two pictures of the different approaches of mechanisation given by these systems

Democratising party leadership selection in Belgium: motivations and decision-makers

Political parties are increasingly adopting more inclusive procedures to select their party leader, most notably by introducing party primaries. This article tries to detect motives and decision makers for this introduction in Belgian parties. The literature on Westminster-style parties contends that party elites only reluctantly transfer more power from the parliamentary party group (PPG) to party members. They do so only when finding themselves in a weak position: after electoral defeat, when in opposition, when other parties are doing so or when the party is new. The situation in Belgium is different, as is demonstrated with quantitative and qualitative data. Mostly, the party elite was keen on introducing party primaries and took the initiative itself to carry them through. The mechanism at work, however, is the same as in Westminster parties: avoiding too much power for middle-level elites. Because of the different starting position (party delegates selecting the leader), the decision-making process looks completely different. We also argue that the results from Belgian parties might apply to consensus democracies in general

Class Action Advice in the Form of Questions

Based upon perspectives and concepts from social and historical research on technical systems, this dissertation describes and analyses events and processes relating to the dramatic change in television in Western Europe during the 1980s and early 1990s. In particular, it focuses on how Swedish television, conceived as a large socio-tecnical system, has shifted from a traditional 'public service' system to a more open and mixed system. In addition to traditional public television broadcasting, it has now come to encompass several commercial channels distributed through an expanding combination of technical and market alternatives, including satellite television. The study traces the multiple ways in which socio-historical processes and contingencies have shaped the television system in Sweden. The most detailed historical descriptions and analyses focus on the entrepreneurial activities of the Swedish firm, Industriförvaltning AB Kinnevik, documenting the introduction of the satellite channel TV3 in Sweden and the related expansion of the system. The entrepreneurial actions of Kinnevik in establishing the new satellite channel TV3 are analysed against the background of (1) the characteristics of the traditional Swedish radio and TV broadcasting system, (2) the development of cable television in Sweden, and (3) the broad history of satellite television. Emphasis is placed on how and why it was possible for a new actor to successfully challenge, gain access to, and help transform a well-established system that had remained relatively stable for a long time. This raises attendant questions of timing. How do we account for and explain the relative stability of this system for such a long period? Why did radical change occur at a particular time and not before or after? Whereas the empirical material concerning the activities of Kinnevik in relation to its entrance on the television market covers the period between 1984 and 1991, the study in general addresses developments throughout the twentieth century and, occasionally, even further back in history. The focus is thus on the system as a whole, rather than on only one of its components. A number of conclusions are drawn from the study concerning both the construction of new systems and the reconstruction of established systems. Two major conclusions can be mentioned here. (1) First, the historical material confirms the necessity of collective action in large-scale technology-based entrepreneurial action. (2) Second, the study also shows that there is nothing necessary or inevitable about the development of technologies/technological systems, even though they are subject to a high degree of path-dependence.The electronic version of the printed dissertation is a corrected version where all spelling and grammatical errors are corrected.</p

Class Action Advice in the Form of Questions

The opportunity to offer advice to those who are considering the adoption or modification of class or group action procedures for other legal systems is both welcome and distracting. It is welcome because it forces a change of perspective in the attempt to contemplate adaptation of United States practice to different cultures, political structures, substantive laws, and courts with dissimilar surrounding procedures. It is distracting because there are so many different levels of possible comparison that the choice of perspective must be tailored to the immediate occasion. It is tempting to take on the most important sets of questions-for example, to ask if non-governmental individuals, organizations, or lawyers should replace individual litigants in larger scale litigation so as to facilitate efficiency or remedy wrongs that otherwise would go unredressed. These questions can be addressed only within the framework of a particular society and its political and governmental structures. There is little point in attempting to provide answers good for all settings. At the other end, however, there is no point in attempting to address matters of minute detail. A more suitable middle ground can be found in a series of questions raised by more than eight years of witnessing the work of the Advisory Committee on the Federal Rules of Civil Procedure as it has grappled with possible revisions of Civil Rule 23. These questions are more helpful than even provisional answers would be-the questions are much the same for most systems, while the answers often will be different

Tableaux Modulo Theories Using Superdeduction

We propose a method that allows us to develop tableaux modulo theories using the principles of superdeduction, among which the theory is used to enrich the deduction system with new deduction rules. This method is presented in the framework of the Zenon automated theorem prover, and is applied to the set theory of the B method. This allows us to provide another prover to Atelier B, which can be used to verify B proof rules in particular. We also propose some benchmarks, in which this prover is able to automatically verify a part of the rules coming from the database maintained by Siemens IC-MOL. Finally, we describe another extension of Zenon with superdeduction, which is able to deal with any first order theory, and provide a benchmark coming from the TPTP library, which contains a large set of first order problems.Comment: arXiv admin note: substantial text overlap with arXiv:1501.0117

Energy efficiency of consecutive fragmentation processes

We present a first study on the energy required to reduce a unit mass fragment by consecutively using several devices, as it happens in the mining industry. Two devices are considered, which we represent as different stochastic fragmentation processes. Following the self-similar energy model introduced by Bertoin and Martinez, we compute the average energy required to attain a size x with this two-device procedure. We then asymptotically compare, as x goes to 0 or 1, its energy requirement with that of individual fragmentation processes. In particular, we show that for certain range of parameters of the fragmentation processes and of their energy cost-functions, the consecutive use of two devices can be asymptotically more efficient than using each of them separately, or conversely