Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 11 Nov/Dec 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Regulating Contracts

Hugh CollinsLondon School of Economics and Political Science

ISBN13: 9780199258017
ISBN: 0199258015
Published: July 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 1999)
Price: £38.99
Hardback edition , ISBN13 9780198298175



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Using an interdisciplinary approach involving economics, sociology and law, this book 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.

Subjects:
Contract Law
Contents:
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