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Vol 21 No 10 Oct/Nov 2016

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Comparative Contract Law

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Edited by: Pier Giuseppe Monateri

ISBN13: 9781849804516
To be Published: January 2017
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £170.00



This comprehensive book offers a thoughtful survey of theories, issues and cases in order to reassess the present vision of contract law. Comparative refers both to the specific kind of methodologies implied and to the polyphonic perspectives collected on the main topics, with the aim of superseding the conventional forms of representation. In this perspective, the work engages a critical search for the fault lines, which crosses traditions of thought and globalized landscapes.

Notwithstanding contract’s enduring presence and the technicalities devoted to managing clauses and interpretation, the inquiry on the proper nature of contract and its status and collocation within private legal taxonomies continues to be a controversial exercise. Moving from a vast array of dissimilar inclinations, which have historically produced heterogeneous maps of law, this book is built around the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; the concurring opinions expressed within the domain of other disciplines, such as literature and political theory; the tensions between global context and local frames; and the movable thresholds between canonical expressions and heterodox constructions.

For its careful analysis and the wide range of references employed, Comparative Contract Law will be a tremendous resource for academics, legal scholars and interdisciplinary experts as well as judges and law practitioners.

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Subjects:
Contract Law
Contents:
Introduction

PART I CONTRACT LAW: THEORIES AND GENEALOGIES
1. Theories of Contract Law
B. Bix
2. In Defense of Roman Contract Law
J. Gordley
3. The Authoritarian Theory of Contract
P.G. Monateri
4. Contract and the Comparatist: Should We Think About Contract in Terms of ‘Contracticles’?
G. Samuel
5. Critical Comparative Contract Law
G. Marini
6. Contract Law and Regulation
G. Bellantuono

PART II MARKET VALUES AND THEIR CRITIQUES. PRIVATE GOVERNANCE AND NORMATIVE REGULATIONS
7. Enforcing Bilateral Promises: A Comparative Law and Economics Perspective
F. Parisi
8. Spontaneous Order and Freedom of Contract
C.L. Cordasco
9. “Party Autonomy”
H. Muir Watt
10. Who is the Contracting Party? A Trip Around the Transformation of the Legal Self
M.R. Marella
11. Freedom of Contract and Constitutional Values: Some Exceptional Cases from the Colombian Constitutional Court
P. Moreno Cruz

PART III REPRESENTATIONS AND NARRATIVES
12. The Unburiable Contract. Grant Gilmore’s Discontinuous Parabola and the Literary Construction of American Legal Style
C. Costantini
13. Queering the Contractual Paradigm between Law and Political Theory
F. Monceri
14. Contracts in Literature: from Doctor Faustus to Vampires
D. Carpi
15. Women and contracts in Angela Carter’s Postmodern Revision of the Fairy Tale
S. Fiorato

PART IV GLOBAL CONTEXT AND LOCAL FRAMES
16. The Wrecking Ball. Good Faith, Preemption and US Exceptionalism
P. Goodrich
17. Technological Contracts
M. Granieri
18. Contractual Interpretation: The South African Blend Of Common, Civil And Indigenous Law In Comparative Perspective
A. Hutchison
19. Promissory Estoppel
P. Pardolesi
20. Party Autonomy in Global Context: An International Laywer’s Take on the Political Economy of a Self-constituting Regime.
H. Muir Watt

Index