Blockchain and Copyright

Advances in the field of digital technology are constantly introducing new levels of controversy into copyright policy. Blockchain is the most recent technology with significative impact in digital copyright. Combined with smart contracts, blockchain enables new efficient forms of distribution of copyrighted works and also a new model of private ordering regarding the control of uses of works on the Internet. The chapter aims to examine the relationship and the most relevant intersections between blockchain, digital exploitation of copyrighted works, copyright law, and privacy law.

The Search for the Virtuous Corporation

The corporation is the most complex, adaptive, and resilient model of organizing economic activity in history. In an era of globalization, the transnational corporation has significant power over society. While its rights are specified through private ordering, and choice of jurisdictional home, in the event of conflict of laws, the corporation's duties and responsibilities remain contested. Notwithstanding the argument in institutional economics that all transactions take place within governance and legal frameworks, underpinned by a 'non-calculative social contract,' the terms are notoriously difficult to define or enforce. They are made more so if regulatory dynamics preclude litigation to a judicial conclusion. This Element situates the corporation – its culture, governance, responsibility, and accountability – within a broader discourse of duty. In doing so, it addresses the problem of the corporation for society and the corporation's problem in aligning its governance to changing community expectations of obligation.

Adaptation, adjudication, and private ordering: Contractual Relations through the Williamson Lens

Williamson's legacy will be permanently, and deservedly, linked with the theory of the firm. As important, however, is his contribution to our understanding of contracting. My aim here is to describe Williamson's conception of contracting, how it differs from other approaches to contracting, and some implications of that approach for contract design and enforcement. I argue that Williamson's ‘process orientation’ – in which the main dimension along which contracts vary is the extent to which contract adjustments are effected through court ordering versus private ordering – provides alternative interpretations of some conventional contract terms but also sheds light on some otherwise puzzling contractual phenomena.

Atmosphere, private ordering, and industrial pluralism: Williamson's evolving science of organization

The major contribution of Oliver Williamson, who was a 2009 Nobel Prize co-Laureate in economics, consists of proposing a heuristic analysis of governance structures, namely, the firm, the market, and what he will later call the ‘hybrid forms’. This cardinal issue in organizational economics has made it possible to propose rigorous arbitration tools for the famous ‘make or buy’ decisions in modern market economies based on asset specificity and quasi-rents. However, Williamson's work goes far beyond these contributions alone. His contribution is based on a multidisciplinary theoretical background in building the science of organization. This is the important but sometimes neglected aspect of Williamson's work that I wish to highlight in this paper in memory of Williamson in regard to three major pieces on atmosphere (and informal organization), private ordering, and industrial pluralism. In doing so, I also propose reconsidering the different stages of Williamson's evolving science of organization from recent neo-institutional works.

Private ordering of public processes: How contracts structure participatory processes in urban development in Amsterdam and Hamburg

The use of contracts to achieve public goals has been gaining traction since the 1980s. In this article, I investigate the implications of the increased use of private law instruments for participatory democracy. This study starts with problematising the notion of contracts and proposes a conceptual model to study contractual relations in participatory processes. Next, through a detailed description of two case studies in Amsterdam and Hamburg, I show the consequences of contractual governance for participatory democracy in urban development. Namely, the interests of commercial parties and government agencies are incorporated in contracts, whereas the interests of residents are incorporated in non-legal agreements. This has four implications for our understanding of participatory democracy and urban politics. First, the arena of public decision making has shifted from public meetings to contractual negotiations. Second, contracts are not set in stone. Mobilisation by residents can influence, adjust and politicise agreements. However, third, residents need to be able to mobilise and negotiate. This creates new boundaries between residents who are able to make deals and those who are excluded. Lastly, investigating how contracts transform urban politics should take a broad view on how contractual relations are formed and focus on both non-legal and contractual agreements.

Bargaining in the Shadow of the Law: The Case of Divorce

This article suggests an alternative way of thinking about the role of law at the time of divorce. It is concerned primarily with the impact of the legal system on negotiations and bargaining that occur outside the courtroom. One sees the primary function of contemporary divorce law not as imposing order from above, but rather as providing a framework within which divorcing couples can themselves determine their postdissolution rights and responsibilities. This process by which parties to a marriage are empowered to create their own legally enforceable commitments is a form of “private ordering.” Whether or not one accepts the desirability of private ordering, it is clear that most divorcing couples do not require adjudication of their disputes. The article then analyzes how the legal system affects the bargaining behavior of divorcing couples, before presenting a theory of divorce bargaining. It also considers the role of lawyers and courts in divorce.

9. Financial Remedies: Principles and Assessment

Most of the legislation governing the financial arrangements on the ending of a marriage dates back over 40 years, when attitudes and economic and social factors affecting marriage were very different. This chapter examines courts’ attempts to keep the law in step with societal changes through case law. It considers the statutory criteria; the principles developed from case law; the current approach of the courts; private ordering between the parties; and how the orders made by the courts are altered in the light of subsequent events. It concludes by discussing proposals for reform.