Regulating Contracts
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Product details:
- Publisher OUP Oxford
- Date of Publication 19 August 1999
- ISBN 9780198298175
- Binding Hardback
- No. of pages402 pages
- Size 242x161x26 mm
- Weight 743 g
- Language English 10
Categories
Short description:
This study is an examination of the purposes, efficiency, and efficacy of legal regulation of contracts that draws on economics, sociology, and law to suggest how legal regulation fails and how it might be improved.
MoreLong description:
Using an interdisciplinary approach involving economics, sociology, and law, Regulating Contracts explores fundamental questions about contracts and legal regulation. What kind of social relation do contracts create, or, more precisely, how do contracts cover social interaction? How are contractual relations or more generally markets constructed? Does the law play a significant role in contractual practices, and in particular what do lawyers, courts, and legal sanctions contribute to the contractual social order? For what distributive purposes does the law attempt regulation?
The controversial conclusions of this study suggest that the law plays an insignificant role in the construction of markets, and that law and lawyers could provide better assistance by using indeterminate regulation that permits the recontextualization of legal reasoning. Legal regulation of contracts concerned with redistributive tasks, such as redress of unfairness, countering unjust power relations, and access to justice, is evaluated both with respect to the objectives of regulation and the search for the most efficient and efficacious form of regulation.
Regulating Contracts is the most innovative and important book on contract written in this country since The Rise and Fall of Freddom of Contract.
Table of Contents:
Part 1: Introduction
The Tasks for Regulating Contracts
The Meaning of Contract:- How Contract Thinks About Association; Contractualization of Social Life; Meaning of Contractual Relations; Embeddedness
Part 2: The New Regulation
The Discourses of Legal Regulation:- Normative Complexity; Self-reference and Closure; The Doctrinal Classification System; The Collision of Private Law with Public Regulation; The Productive Disintegration of Private Law
The Capacity of Private Law:- Private Law as Regulation; Reflexive Regulation; Standard Setting; Monitoring and Enforcement; Conclusion
Part 3: Regulation in the Construction of Markets
The Construction of Markets:- Trust and Sanctions; Markets Without a State; The Construction of Trust; The Construction of Non-legal Sanctions; The Significance of Legal Sanctions; The Adjudication Process; Conclusion
Rationality of Contractual Behaviour:- Three Frameworks of Contractual Behaviour; The Non-Use of Contracts; Relational and Discrete Contracts; Reasonable Expectations
Planning and Co-operation:- Lawyers as Engineers; Informality in Business Dealings; Incompleteness in Planning Documents; Risk; Insufficient Specificity of Self-regulation; Flexibility; Conclusion
Formalism and Efficiency:- The Form of Legal Doctrine; Closure and Expectation; Commercial Arbitration; Reasoning in the Common Law; The Virus of Formalism; A Transformation in Legal Doctrine?
Contract as Thing:- Money; Formality; Legal Pluralism; Futures Contracts; Club Markets; Self-regulating Associations
Part 4: Distributive Tasks of Regulation
Power and Governance:- Mass Contracts; Principal and Agent; Contract and Organisation; Conclusion
Unfair Contracts:- The Illusion of Unfairness; Open Texture Rules; Regulatory Backfiring; The Adequacy of Regulating Market Failure; Conclusion
Quality:- Efficient Level of Quality; Form of Standards; Monitoring and Enforcement; Conclusion
Government by Contract:- Public Services and the Market Mechanism; The Problem of Co-operation; The Problem of Quality; Quasi-Contract in Government; Conclusion
Dispute Settlement:- The Taste for Litigation; Vindication of Contractual Rights; Access to Justice; For Settlement
Conclusion
Bibliography
Table of Cases
Table of Statutes
Index
