segunda-feira, 2 de maio de 2011

O conceito de uma sociedade de lei privada

The Idea of a Private Law Society by

"... In sum, protection and security contracts would come into existence. Insurers (unlike states) would offer their clients contracts with well-specified property descriptions and clearly defined duties and obligations. Likewise, the relationship between insurers and arbitrators would be governed by contract. Each party to a contract, for the duration or until fulfillment of the contract, would be bound by its terms and conditions; and every change in the terms or conditions of a contract would require the unanimous consent of all parties concerned. That is, in a private law society, unlike under statist conditions, no "legislation" would exist. No insurer could get away with promising its clients protection without letting them know how or at what price, and insisting that it could unilaterally change the terms and conditions of the protector-client relationship. Insurance-clients would demand something significantly better, and insurers would supply contracts and constant law, instead of promises and shifting and changing legislation.

Furthermore, as a result of the continual cooperation of various insurers and arbitrators, a tendency toward the unification of property and contract law and the harmonization of the rules of procedure, evidence, and conflict resolution would be set in motion. Through buying protection-insurance, everyone would share in the common goal of striving to reduce conflict and enhance security. Moreover, every single conflict and damage claim, regardless of where and by or against whom, would fall into the jurisdiction of one or more specific insurance agencies and would be handled either by an individual insurer's "domestic" law or by the "international" law provisions and procedures agreed upon in advance by a group of insurers.
Such a system would assure more complete and perfect legal stability and certainty than any system of security to which we can currently appeal...."
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