The State's Private Law and the Economy—Commercial Law as an Amalgam of Public and Private Rule-Making

Making Commercial Law through Practice 1830–1970

“…Partly, this was attributable to greater formalism in legal reasoning; partly, to customs and usages being subsumed in standard form contracts; and, partly, to imperial decline and the loss of the markets, ports and trades which engendered them. 257 The second way commercial practices could have normative force was more subtle, indeed mysterious. In many cases it was below the surface, turning on a commercial ethos which many judges deciding commercial cases shared by dint of their background, time at the commercial bar or temperament.…”

The Resilience of Private Authority in Times of Crisis

“…23 Private bodies can draft and review rules more swiftly and flexibly than any public authority. 24 Norm-making groups can also adapt more quickly in the wake of exogenous shocks, thereby demonstrating their transformative capacity and mutability traits. 25 Furthermore, with the proliferation of technological advances that facilitated global exchange of ideas and commercial transactions, new layers of regulation at the national but also the international level would emerge, allowing for the creation of co-regulatory constellations and other types of partnership between the private and the public.…”

Civil law and the role of the State

“…3 Parsons (1966) 22-26;Hoselitz (1960) 45-46, 60. 4 Basedow (2008) 704-706. 5 Heckscher (1994) 20-22. 6 Heckscher (1994) 337-38. the society. The changes required new solutions in the legal field, too.…”