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Polycentric law


Polycentric law is a legal structure in which providers of legal systems compete or overlap in a given jurisdiction, as opposed to monopolistic statutory law according to which there is a sole provider of law for each jurisdiction. Devolution of this monopoly occurs by the principle of jurisprudence in which they rule according to higher law.

Tom W. Bell, former director of telecommunications and technology studies at Cato Institute, now a professor of law at Chapman University School of Law in California wrote "Polycentric Law," published by the Institute for Humane Studies, when he was a law student at the University of Chicago. In it he notes that others use phrases such "non-monopolistic law" to describe these polycentric alternatives. He outlines traditional customary law (also known as consuetudinary law) before the creation of states, including as described by Friedrich A. Hayek, Bruce L. Benson, and David D. Friedman. He mentions Anglo-Saxon customary law, church law, guild law, and merchant law as examples of polycentric law. He notes that customary and statutory law have co-existed through history, as when Roman law applied to Romans throughout the Roman Empire, but indigenous legal systems were permitted for non-Romans. In "Polycentric Law in the New Millennium," which won first place in the Mont Pelerin Society's 1998 Friedrich A. Hayek Fellowship competition, Bell predicts three areas where polycentric law might develop: alternative dispute resolution, private communities, and the Internet.


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