Using an interdisciplinary approach involving economics, sociology, and law, this book examines the purposes, efficiency, and efficacy of legal regulation of contracts and suggests how legal regulation fails and how it might be improved. The conclusions suggest that the law plays an insignificant role in the construction of markets, and that it could provide better assistance by using indeterminate regulation that permits the recontextualization of legal reasoning.
Using an interdisciplinary approach involving economics, sociology, and law, this book examines the purposes, efficiency, and efficacy of legal regulation of contracts and suggests how legal regulation fails and how it might be improved. The conclusions suggest that the law plays an insignificant role in the construction of markets, and that it could provide better assistance by using indeterminate regulation that permits the recontextualization of legal reasoning.
Hugh Collins is Professor of English Law at the London School of Economics and Political Science
Inhaltsangabe
* 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
* 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
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