Hugh Collins

Regulating Contracts

• Broschiertes Buch

Produktbeschreibung

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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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.

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Produktdetails

• Verlag: OUP Oxford
• Seitenzahl: 404
• Erscheinungstermin: 14. November 2002
• Englisch
• Abmessung: 234mm x 156mm x 22mm
• Gewicht: 611g
• ISBN-13: 9780199258017
• ISBN-10: 0199258015
• Artikelnr.: 22405295

Autorenporträt

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 Organization
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