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The Jurisprudential Foundations of Corporate and Commercial Law


ISBN13: 9780521591577
ISBN: 0521591570
Published: October 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £87.00



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This collection brings together new essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship. Some of the questions addressed in the volume are: What are the historical roots of efficiency analysis in contract, sales, and corporate law? Is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency compatible? Even if efficiency is otherwise reasonable as a normative goal in corporate and commercial law, does the complexity of efficiency make it practical to administer in adjudication? What is the best way of pursuing efficiency in corporate and commercial law? The volume reflects the most exciting work being done in contemporary legal theory. It will be of interest to professionals and students in law and philosophy of law.

Subjects:
Jurisprudence
Contents:
Introduction
1. Karl Llewellyn and the origins of contract theory Alan Schwartz
2. Economic efficiency and the ex ante perspective Daniel A. Farber
3. Constrained optimization: corporate law and the maximization of social welfare Lewis A. Kornhauser
4. Do trade customs exist? Richard Craswell
5. Rethinking the uniformity norm in commercial law Robert E. Scott
6. In defense of the incorporation strategy Jody S. Kraus and Steven D. Walt.

Series: Cambridge Studies in Philosophy and Law

Punishment, Compensation and Law: A Theory of Enforceability ISBN 9780521174237
Published February 2011
Cambridge University Press
£28.99
Common Law Theory
Edited by: Douglas Edlin
ISBN 9780521176156
Published January 2011
Cambridge University Press
£27.99
A Common Law Theory of Judicial Review: The Living Tree ISBN 9780521122665
Published November 2009
Cambridge University Press
£35.99
Automatism, Insanity and the Psychology of Criminal Responsibility ISBN 9780521061339
Published April 2008
Cambridge University Press
£28.99
Complicity: Ethics and Law for a Collective Age
Christopher KutzUniversity of California, Berkeley
ISBN 9780521039703
Published August 2007
Cambridge University Press
£22.99
Truth, Error and Criminal Law: An Essay in Legal Epistemology ISBN 9780521730358
Published August 2006
Cambridge University Press
£25.99
Crimes Against Humanity: A Normative Account ISBN 9780521600514
Published January 2005
Cambridge University Press
£31.99
Norms in a Wired World
Steven A. HetcherVanderbilt University, Tennessee
ISBN 9780521454360
Published March 2004
Cambridge University Press
£71.00
Constitutionalism: Philosophical Foundations ISBN 9780521799997
Published July 2003
Cambridge University Press
£31.99
Consent to Sexual Relations ISBN 9780521536110
Published June 2003
Cambridge University Press
£32.99
Beyond Comparison - Sex and Discrimination ISBN 9780521534154
Published June 2003
Cambridge University Press
£29.99
Equality, Responsibility and the Law New ed
Arthur RipsteinUniversity of Toronto
ISBN 9780521003070
Published December 2001
Cambridge University Press
£48.99
A Theory of Property ISBN 9780521378864
Published June 1990
Cambridge University Press
£74.99