Review from previous edition Regulating Contracts is the most innovative and important book on contract written in this country since The Rise and Fall of Freedom of Contract.

David Campbell Oxford Journal of Legal Studies Vol. 20 2000

Using an interdisciplinary approach involving economics, sociology and law, Regulating Contracts explores fundamental questions about the purposes and effects of legal regulation of contractual relationships. What kind of social relation do contracts create, or, more precisely, how do contracts govern social interaction. How are contractual relations, or more generally, markets constructed? Does the law play a significant role in particular 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 redressing unfairness, countering unjust power relations, and improving 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. The argument in the book is that control of unfairness is both desirable and practicable, that power relations should be modified for the sake of efficiency, and that better access to justice is unhelpful to the resolution of contractual disputes.
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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.
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PART 1: INTRODUCTION ; PART 2: THE NEW REGULATION ; PART 3: REGULATION IN THE CONSTRUCTION OF MARKETS ; PART 4: DISTRIBUTIVE TASKS OF REGULATION
`Review from previous edition Regulating Contracts is the most innovative and important book on contract written in this country since The Rise and Fall of Freedom of Contract.' David Campbell Oxford Journal of Legal Studies Vol. 20 2000 `...bold and imaginative monograph...many merits...multi-disciplinary approach...all is written in an elegant, jargon-free language...strengthened by a keen awareness of empirical fact. Regulating Contracts is an outstanding work of scholarship. It should be very widely read.' Anthony Ogus The Law Quarterly Review October 2000 `Regulating Contracts is an ambitious and comprehensive book ... an important contribution to contract-law scholarship.' Robert A. Hillman, Journal of Law and Society `Regulating Contractsis an important and intersting book. The book will reward the reader with insights on virtually every aspect of contract law.' Robert A. Hillman, Journal of Law and Society
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A comprehensive interdisciplinary approach to the regulation of the law of contract, drawing on economics, sociology and law Explores fundamental questions about the purposes and effects of legal regulation of contractual relationships. Covers a range of issues concerning regulation, including unfairness, unjust power relations, and access to justice.
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Hugh Collins is Professor of English Law at the London School of Economics and Political Science
A comprehensive interdisciplinary approach to the regulation of the law of contract, drawing on economics, sociology and law Explores fundamental questions about the purposes and effects of legal regulation of contractual relationships. Covers a range of issues concerning regulation, including unfairness, unjust power relations, and access to justice.
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Produktdetaljer

ISBN
9780199258017
Publisert
2002
Utgiver
Vendor
Oxford University Press
Vekt
565 gr
Høyde
234 mm
Bredde
157 mm
Dybde
21 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
402

Forfatter

Biographical note

Hugh Collins is Professor of English Law at the London School of Economics and Political Science