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This edited collection brings together leading scholars and practitioners from various jurisdictions with essays and commentaries co-ordinated around the theme of alignments and misalignments between commercial law and commercial practice. The purpose of the book is to prompt a more critical and constructive reassessment of current commercial law and its practices, and to instigate a more fruitful dialogue between academics, judges, law reformers and practitioners.
Essayists were initially given no more guidance on subject-matter than a bald request to reflect on specific areas where commercial law fails to match commercial expectations, and areas where it succeeds, and then to provide a provocative analysis of the reasons for this. Notwithstanding the open-ended invitation, certain themes are clearly evident in the end product. The contents page of the book is testament to the breadth and depth of the issues addressed. There are 24 essays in all, 11 with commentaries. Essays by academics receive comment by practitioners, and vice versa. Senior members of the judiciary also participated, providing both essays and commentary.;Most of the essays were first presented at a two-day seminar held at the LSE, funded by the Society of Legal Scholars, the Modern Law Review, and the LSE Law Department. The end product should prove of interest to all concerned with the study and practice of commercial law, and its continuing evolution.