Thu Sep 28 00:07:42 EDT 2006
This is an amazingly flexible concept of "spontaneous". It ignores
that, however made, law is law, binding on all parties, and very much
a part of civil authority (government). Thus at least this part of
government suddenly comes within the definition of "spontaneous."
And, indeed, virtually every market anywhere ever has "spontaneously"
created merchants courts to enforce contracts and resolve disputes,
appointed guardians of weights and measures, etc. In other words,
markets spawn government--because markets can not function without
defined and enforceable property rights and contract.
The genius of the Common Law (as opposed to Civil Law) is its
flexibility and dynamism, its capacity to respond to the demands and
needs of evolving markets and technological evolution. A critical
advantage in the Anglo-American experience was having, uniquely, the
Common law framework.
Fred Carstensen