Reclothing the Legal Emperor: Justice, Equity, and Governance in the Flat World
5 Creighton Journal of Interdisciplinary Leadership 15 (2019)
5 Pages Posted: 14 Jun 2019 Last revised: 16 Jun 2019
Date Written: May 1, 2019
Abstract
In Rules for a Flat World, Gillian Hadfield delivers a paradigm-shifting wakeup call about law coming up short in today's world and proposes creating markets for legal rules to enable the development of broad-based legal infrastructure to meet current and future demand. I am less confident that markets are the preferred pattern for the emperor's new wardrobe because law hearkens to non-market values. Aspirations to justice and equity lie at the heart of the enterprise of law, and they should be touchstones in transforming law for today's flat world. Moreover, governance today - beyond the government-based governance generally acknowledged by lawyers - is more flat-world-friendly than we may initially realize, and our quest to transform law should be grounded in the robust and vibrant network of deliberation, policy-development and policy-implementation arrangements, and conflict engagement and resolution that already exists.
Keywords: legal infrastructure, justice, equity, governance
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