Regulating Contracts
Autor Hugh Collinsen Limba Engleză Hardback – 19 aug 1999
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Specificații
ISBN-13: 9780198298175
ISBN-10: 019829817X
Pagini: 402
Dimensiuni: 161 x 242 x 26 mm
Greutate: 0.74 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom
ISBN-10: 019829817X
Pagini: 402
Dimensiuni: 161 x 242 x 26 mm
Greutate: 0.74 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom
Recenzii
Regulating Contracts is the most innovative and important book on contract written in this country since The Rise and Fall of Freddom of Contract.
...bold and imaginative monograph...many merits...multi-disciplinary approach...all is written in an elegant, jargon-free language...stregthened by a keen awareness of empirical fact. Regulating Contracts is an outstanding work of scholarship. It should be very widely read.
Regulating Contracts is an ambitious and comprehensive book ... an important contribution to contract-law scholarship.
Regulating Contractsis an imprtant and intersting book. The book will reward the reader with insights on virtually every aspect of contract law.
...bold and imaginative monograph...many merits...multi-disciplinary approach...all is written in an elegant, jargon-free language...stregthened by a keen awareness of empirical fact. Regulating Contracts is an outstanding work of scholarship. It should be very widely read.
Regulating Contracts is an ambitious and comprehensive book ... an important contribution to contract-law scholarship.
Regulating Contractsis an imprtant and intersting book. The book will reward the reader with insights on virtually every aspect of contract law.
Notă biografică
Hugh Collins is Professor of English Law at the London School of Economics and Political Science
Cuprins
- Part 1: Introduction
- 1: The Tasks for Regulating Contracts
- 2: The Meaning of Contract:- How Contract Thinks About Association; Contractualization of Social Life; Meaning of Contractual Relations; Embeddedness
- Part 2: The New Regulation
- 3: 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
- 4: 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
- 5: 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
- 6: Rationality of Contractual Behaviour:- Three Frameworks of Contractual Behaviour; The Non-Use of Contracts; Relational and Discrete Contracts; Reasonable Expectations
- 7: Planning and Co-operation:- Lawyers as Engineers; Informality in Business Dealings; Incompleteness in Planning Documents; Risk; Insufficient Specificity of Self-regulation; Flexibility; Conclusion
- 8: 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?
- 9: Contract as Thing:- Money; Formality; Legal Pluralism; Futures Contracts; Club Markets; Self-regulating Associations
- Part 4: Distributive Tasks of Regulation
- 10: Power and Governance:- Mass Contracts; Principal and Agent; Contract and Organisation; Conclusion
- 11: Unfair Contracts:- The Illusion of Unfairness; Open Texture Rules; Regulatory Backfiring; The Adequacy of Regulating Market Failure; Conclusion
- 12: Quality:- Efficient Level of Quality; Form of Standards; Monitoring and Enforcement; Conclusion
- 13: Government by Contract:- Public Services and the Market Mechanism; The Problem of Co-operation; The Problem of Quality; Quasi-Contract in Government; Conclusion
- 14: Dispute Settlement:- The Taste for Litigation; Vindication of Contractual Rights; Access to Justice; For Settlement
- 15: Conclusion
- Bibliography
- Table of Cases
- Table of Statutes
- Index