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From:
[log in to unmask] (Fred Carstensen)
Date:
Thu Sep 28 07:45:59 2006
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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  
  
  

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