A private tribunal can enforce judgments through instantaneous reputational publicity.
Evidence
The rapid enforcement of judgments is another advantage of DDC arbitration. Unlike a court, the DDC has the ability to bring unique pressures on the losing party to pay: it can put him out of business almost instantaneously by hanging his picture in the clubroom of every bourse in the world with a notice that he failed to pay his debt. — Lisa Bernestein, Opting out of the Legal System, 238
Categorization
- XREF: The picture-in-every-clubroom device is the enforcement dark side of the same network closure the reader is using against Bellodi — community power that substitutes for and exceeds state coercion. — connects to: Private legal systems can rival state law when reputation functions as enforcement. — Lisa Bernestein, Opting out of the Legal System, 16; Diamond industry’s private law succeeds by enforcing judgments faster than courts. — Lisa Bernestein, Opting out of the Legal System, 17; The threat of publicity substitutes for formal judicial enforcement. — Lisa Bernestein, Opting out of the Legal System, 107 (+7 more)
- CANDY: Shaming debtors by posting their photo in clubrooms worldwide is a vivid, self-contained anecdote.
Related
- The threat of publicity substitutes for formal judicial enforcement. (similarity 0.87)
- Arbitration judgments are enforced through public shaming and cross-bourse reciprocity. (similarity 0.86)
- Shame-based public sanctions are faster and stronger than court judgment enforcement. (similarity 0.85)
- Diamond industry’s private law succeeds by enforcing judgments faster than courts. (similarity 0.84)
- Private arbitration can effectively substitute for courts (similarity 0.80)
- Secrecy of arbitral disputes preserves a party’s creditworthiness and reputation. (similarity 0.79)
- Arbitration’s secrecy lets wrongdoers minimize reputation costs while right-holders gain speed and cheapness. (similarity 0.79)
- Private legal systems can rival state law when reputation functions as enforcement. (similarity 0.79)
- Private dispute resolution excels through speed, low cost, and secrecy. (similarity 0.78)
Broader Connections
- Arbitration judgments are enforced through public shaming and cross-bourse reciprocity.
#corroborates(0.95) — Lisa Bernestein, Opting out of the Legal System, 93 - Arbitration secrecy hides disputes from public view once judgments are paid
#contradicts(0.85) — Lisa Bernestein, Opting out of the Legal System, 71 - Pre-state trading communities sustained honesty through reputation systems backed by private judges.
#corroborates(0.85) — PAUL R. MILGRO, PAUL R. MILGRO - THE ROLE OF…, 1 - Private arbitration can effectively substitute for courts
#expands(0.80) — Lisa Bernestein, Opting out of the Legal System, 40 - Private dispute resolution excels through speed, low cost, and secrecy.
#qualifies(0.75) - Settlement terms can be engineered to publicly obscure a defendant’s guilt
#complicates(0.70) — Jonathan Harr, A Civil Action, 2600