Customary Law with Private Means of Resolving Disputes and Dispensing Justice: A Description of a Modern System of Law and Order without State Coercion
Bruce L. Benson (author) SHANG Hai-tao (translator) (Department of Economics, Florida State University Tallahassee FL 32306; School of law, Shandong University, Jinan 250100, P.R.China)
As a consequence of cooperation induced by reciprocities, customary law is an unwritten social contract. With the same to a language, customary law developed over time through the spontaneous interactions. In the punishment for law breakers, privately enforced customary law oriented with fines as the major form of punishment compared to modern methods of punishment. In order to emphasize the protection of persons and property, there are numerous contractual arrangements in such a system of private enforcement of law. The appearance of private courts increased the likelihood of standardization of certain aspects of law. At the same time, ostracism, boycott sanctions, private prisons, and the collection of fines would infinitely help to comply with private court judgment.
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| Chinese Journal Full-text Database |
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