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Vol 23 No 5 May/June 2018

Book of the Month

Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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From Dissonance to Sense

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ISBN13: 9781840144314
ISBN: 1840144319
Published: June 2000
Publisher: Routledge
Format: Hardback
Price: Out of print

The text focuses on the role of private law in late modernity. It analyzes the pressures for changes in this area of law due to the present processes of privatization and marketization. The perspective is welfarist: in what ways and to what extent can the welfare-state expectations of the citizens be defended through private law mechanisms when state-offered security is diminishing? Which alternatives are availible when developing private law? The questions are discussed against the background of theories concerning important features of modern society, like consumerism, risk, information, globalization, and fragmentation. Several fields of private law are analyzed, such as private law theory, tort and liability law, contract law and credit law as well as access to justice issues. The approach is comparative and includes analysis of both common law and continental law.

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Part 1 Introduction: welfare state expectations, privatization and private law, Thomas Wilhelmsson.
Part 2 Privatization, society and law: post-modern law?, Kaarlo Tuori; after privatization? -the many autonomies of private law, Gunther Teubner; normative patterns and the normative field - a post-liberal view on law, Anna Christensen; the legal profession in a changing world, Jorgen Dalberg-Larsen.
Part 3 Privatization and private law theory: the lost penny - social contract law and market economy, Udo Reifner; the crises of private law, William N.R. Lucy.
Part 4 Privatization and liability: private law 2000 - small stories on morality through liability, Thomas Wilhelmsson; can we, and should we, use private law as a means of regaining governmental provision of services and care for citizens?, Barbara Ann Hocking; liability for information in private law, Juha Hayha.
Part 5 Privatization and contract: contract in the new public sector, Chris Willett; dissonance in freedom of contract? - how to make sense of it, Frey Nybergh; contract law, discrimination and European integration, Dagmar Schiek.
Part 6 Privatization and credit: whose responsibility to plan for future changes in circumstances -debtor, creditor or the state?, Geraint G. Howells; bankruptcy and consumer credit in the declining welfare state, Iain Ramsay.
Part 7 Privatization and environment: damage, uncertainty and risk - trends in environmental liability, Jenny Steele.
Part 8 Privatization and access to justice: privatization of access to justice and soft law - lessons from the European Community?, Hans-W. Micklitz; the crisis of the welfare state, privatization and consumers' access to justice, Klaus Viitanen; social rights and the courts, Jose Reinaldo De Lima Lopes.
Part 9 Epilogue: from dissonance to sense - categories of private and public, Samuli Hurri.