Jonathan Morgan

Contract Law Minimalism (eBook, PDF)

A Formalist Restatement of Commercial Contract Law

• Format: PDF

Produktbeschreibung

Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 7. November 2013
• Englisch
• ISBN-13: 9781107453753
• Artikelnr.: 40084263

Autorenporträt

Jonathan Morgan was educated at Christ College, Brecon, R.M.A. Sandhurst, and Aberystwyth, Cardiff and Glamorgan Universities. He also taught at U.W.I.C. (now Cardiff Metropolitan) for nine years. Jonathan's father the Rev. G Rex Morgan, Chaplain to the King's Royal Rifle Corps and Senior Housemaster at Christ College, Brecon, was a well-known prisoner-of-war and was on the dreadful 'Shoe Leather Express' March in Poland. It is interesting that Christ College former pupils won 23 MCs in the First World War. Jonathan's was a great Welsh sporting family which included Guy Morgan, Captain of Cambridge University and Wales at rugby and Glamorgan at Cricket, and Dr. Teddy Morgan, Captain of Wales and the British Lions at rugby. Rex's cousin Guy (not the rugby player), was a Royal Navy Lieutenant and prisoner-of-war who wrote the well-known play 'Albert R.N.'. Jonathan's mother, Glenys, was the daughter of Captain T.L.Morgan, Adjutant of the 15th Welsh in the early part of the Great War. As well as a sportsman himself, Jonathan is a 3rd Order Anglican Franciscan. He was invalided out of the Army with PTSD or related illness in 1980 and had served with the Royal Regiment of Wales as a Captain which included an horrific tour of Northern Ireland in the Ardoyne and Bone district of Belfast.

Inhaltsangabe

Part I. Clearing the Ground: 1. Does instrumentalism 'fit' contract law?
2. Justifying the instrumental approach
Part II. Social Sciences and the Law of Contract: 3. A critique of neoclassical law and economics
4. Relational contracting: trust, business and law
5. Extra-legal norms: the irrelevance of the law (of contract)?
Part III. Contract Law Minimalism: 6. Defining contract law minimalism, or the 'new formalism'
7. Against regulation through contract law
8. The limited capacity of contract law
9. What business wants: evidence from the 'markets for law'
10. A formalist restatement of commercial contract law.