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Research Methods for Contract Law and Scholarship

Edited by: Yuliya Chernykh, Joshua Karton

ISBN13: 9781035316465
To be Published: September 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £130.00



This timely and comprehensive book reveals the multifaceted nature of modern contract law and practice. Providing a broad overview of research methods in contemporary contract law, it identifies the various modes of inquiry and argumentative techniques in this dynamic field.

Yuliya Chernykh and Joshua Karton bring together a range of specialists in contract law research to address old and new methodologies, as well as emerging topics in legal scholarship particularly suited to a combination of methodological approaches. Chapters focusing on doctrinal, comparative, philosophical, historical, economic, empirical, and experimental approaches are complemented by discussions of the research methods most apt for dealing with phenomena that challenge traditional conceptions of contract law: sustainability, digitalisation, consumer protection, Indigenous legal orders, and globalisation. Ultimately, the book eschews any predetermined agenda in favour of a particular theory, inviting researchers to reevaluate their modes of enquiry and reasoning. Readers will gain an appreciation for the broad variety of approaches to contract law scholarship, as well as their respective advantages and limitations, the kinds of questions each is best suited to answer, and the ways they can be combined to yield greater insights.

Research Methods for Contract Law and Scholarship is an essential tool for students and academics interested in legal research methods and commercial law. Its breadth of practical and theoretical approaches will also greatly benefit practising lawyers and policymakers.

Subjects:
Contract Law
Contents:
Introduction: everything is interconnected – can we understand contracts from only one perspective? 1
Yuliya Chernykh and Joshua Karton

PART I INTERNAL PERSPECTIVES
1. Doctrinal methods in contract law in civil law jurisdictions 14
Osny da Silva Filho
2. Doctrinal methods in contract law in common law jurisdictions 37
Jeff Berryman
3. Comparative methods in contract law 64
Yuliya Chernykh and Mads Andenæs
4. Philosophical methods in contract law 90
Johan Vorland Wibye

PART II EXTERNAL PERSPECTIVES
5. Historical approaches to contract law 116
Victoria Barnes and Sally Wheeler
6. Empirical methods in contract law 136
Monika Leszczyńska
7. Law and economics methods and techniques in contract law 158
Mitja Kovac
8. The experimental methods in contract law 184
Sergio Mittlaender

PART III CHALLENGING THEMES/PERSPECTIVES
9. Research methods for contracts and sustainability 210
Katerina Mitkidis
10. Research methods for contract law and technology 235
Pietro Ortolani
11. Research methods for 21st-century consumer contracts: new wines, old bottles? 256
Cǎtǎlin-Gabriel Stǎnescu and Liviu Damsa
12. Research methods for contracts in Indigenous legal orders 288
Alan Hanna
13. Research methods for transnational contract law 317
Joshua Karton