Discussion about this post

User's avatar
Archangel's avatar

Dear Evolved Psyché,

Do you believe that arbitrage courts are a form of hierarchical pluralism ? In common practice, most firms introduce clauses in their contracts to have disputes resolved by designated arbitrage courts because such courts have domain knowledge that normal courts do not have hence the expectation of a reasonable decision. Companies usually abide by arbitrated decisions despite having the possibility to go to the usual courts.

Patent and trademark law has its own courts (named boards) that are part of the patent offices in both the USA and Europe. Though subject to the authority of the usual upper courts, parties hardly ever appeal because the upper courts lack domain knowledge and may take absurd decisions.

Other fields may evolve their own specialised court system. Since normal judges are completely ignorant of the electronics and informatics behind their user-interface, many large and small firms want the creation of courts dedicated to IT issues.

Do you believe that the creation of specialised courts with increased autonomy may lead to hierarchical pluralism then to heterarchical pluralism ? Or it rather a tentacular form of monism ?

Expand full comment
1 more comment...

No posts