The Legal Instinct: Lawmaking as a Branch of Biolaw
24 Pages Posted: 12 Jan 2018 Last revised: 27 May 2018
Date Written: January 10, 2018
In her 2017 book, Rules for a Flat World, Gillian Hadfield upbraids the legal profession and the legal academy for ascribing supremacy, even exclusivity, to traditional legal institutions. Legal infrastructure, especially in the poorest countries, depends on entrepreneurs willing to shatter these myths.
Hadfield prescribes possible solutions to the problem of inspiring and fostering entrepreneurship for legal infrastructure. This review essay describes how Rules for a Flat World envisions the reinvention of markets for legal rules and institutions in the image of Silicon Valley startups.
This essay also describes humans’ intrinsic longing for social ordering and dispute resolution. If the legal instinct is biologically based and mediated, then lawmaking should be evaluated as a branch of biolaw.
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