Regulating Contracts by Hugh Collins (English) Paperback Book

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The Nile on eBay FREE SHIPPING UK WIDE Regulating Contracts by Hugh Collins This study is an examination of the purposes, efficiency, and efficacy of legal regulation of contracts that draws on economics, sociology, and law to suggest how legal regulation fails and how it might be improved. FORMAT Paperback LANGUAGE English CONDITION Brand New Publisher Description Using an interdisciplinary approach involving economics, sociology and law, Regulating Contracts 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, andin particular, what do lawyers, courts, and legal sanctions contribute to the contractual social order? For what distributive purposes does the law attempt regulation?The controversialconclusions 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. Legal regulation of contracts concerned with redistributive tasks, such as redressing unfairness, countering unjust power relations, and improving access to justice, is evaluated both with respect to the objectives of regulation and the searchfor the most efficient and efficacious form of regulation.The argument in the book is that control of unfairness is both desirable and practicable, that power relations should bemodified for the sake of efficiency, and that better access to justice is unhelpful to the resolution of contractual disputes. Table of Contents Part 1: Introduction1: The Tasks for Regulating Contracts2: The Meaning of Contract:- How Contract Thinks About Association; Contractualization of Social Life; Meaning of Contractual Relations; EmbeddednessPart 2: The New Regulation3: 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 Law4: The Capacity of Private Law:- Private Law as Regulation; Reflexive Regulation; Standard Setting; Monitoring and Enforcement; ConclusionPart 3: Regulation in the Construction of Markets5: 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; Conclusion6: Rationality of Contractual Behaviour:- Three Frameworks of Contractual Behaviour; The Non-Use of Contracts; Relational and Discrete Contracts; Reasonable Expectations7: Planning and Co-operation:- Lawyers as Engineers; Informality in Business Dealings; Incompleteness in Planning Documents; Risk; Insufficient Specificity of Self-regulation; Flexibility; Conclusion8: 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 AssociationsPart 4: Distributive Tasks of Regulation10: Power and Governance:- Mass Contracts; Principal and Agent; Contract and Organization; Conclusion11: Unfair Contracts:- The Illusion of Unfairness; Open Texture Rules; Regulatory Backfiring; The Adequacy of Regulating Market Failure; Conclusion12: Quality:- Efficient Level of Quality; Form of Standards; Monitoring and Enforcement; Conclusion13: Government by Contract:- Public Services and the Market Mechanism; The Problem of Co-operation; The Problem of Quality; Quasi-Contract in Government; Conclusion14: Dispute Settlement:- The Taste for Litigation; Vindication of Contractual Rights; Access to Justice; For Settlement15: ConclusionBibliographyTable of CasesTable of StatutesIndex Review `Review from previous edition Regulating Contracts is the most innovative and important book on contract written in this country since The Rise and Fall of Freedom of Contract.'David Campbell Oxford Journal of Legal Studies Vol. 20 2000`...bold and imaginative monograph...many merits...multi-disciplinary approach...all is written in an elegant, jargon-free language...strengthened by a keen awareness of empirical fact. Regulating Contracts is an outstanding work of scholarship. It should be very widely read.'Anthony Ogus The Law Quarterly Review October 2000`Regulating Contracts is an ambitious and comprehensive book ... an important contribution to contract-law scholarship.'Robert A. Hillman, Journal of Law and Society`Regulating Contractsis an important and intersting book. The book will reward the reader with insights on virtually every aspect of contract law.'Robert A. Hillman, Journal of Law and Society Long Description Using an interdisciplinary approach involving economics, sociology and law, Regulating Contracts 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. Legal regulation of contracts concerned with redistributive tasks, such as redressing unfairness, countering unjust power relations, and improving access to justice, is evaluated both with respect to the objectives of regulation and the search for the most efficient and efficacious form of regulation.The argument in the book is that control of unfairness is both desirable and practicable, that power relations should be modified for the sake of efficiency, and that better access to justice is unhelpful to the resolution of contractual disputes. Review Text `Review from previous edition Regulating Contracts is the most innovative and important book on contract written in this country since The Rise and Fall of Freedom of Contract.' David Campbell Oxford Journal of Legal Studies Vol. 20 2000 `...bold and imaginative monograph...many merits...multi-disciplinary approach...all is written in an elegant, jargon-free language...strengthened by a keen awareness of empirical fact. Regulating Contracts is an outstanding work of scholarship. It should be very widely read.' Anthony Ogus The Law Quarterly Review October 2000 `Regulating Contracts is an ambitious and comprehensive book ... an important contribution to contract-law scholarship.' Robert A. Hillman, Journal of Law and Society `Regulating Contractsis an important and intersting book. The book will reward the reader with insights on virtually every aspect of contract law.' Robert A. Hillman, Journal of Law and Society Review Quote 'Review from previous edition Regulating Contracts is the most innovativeand important book on contract written in this country since The Rise and Fallof Freedom of Contract.'David Campbell Oxford Journal of Legal Studies Vol. 20 2000 Feature A comprehensive interdisciplinary approach to the regulation of the law of contract, drawing on economics, sociology and law Explores fundamental questions about the purposes and effects of legal regulation of contractual relationships. Covers a range of issues concerning regulation, including unfairness, unjust power relations, and access to justice. Details ISBN 0199258015 Author Hugh Collins Language English ISBN-10 0199258015 ISBN-13 9780199258017 Media Book Format Paperback Imprint Oxford University Press Place of Publication Oxford Country of Publication United Kingdom DEWEY 346.02 Illustrations bibliography, index Birth 1953 Short Title REGULATING CONTRACTS REV/E Edition Description Revised Position Professor of English Law Affiliation Professor of English Law, London School of Economics and Political Science DOI 10.1604/9780199258017 UK Release Date 2002-11-14 AU Release Date 2002-11-14 NZ Release Date 2002-11-14 Pages 402 Publisher Oxford University Press Year 2002 Publication Date 2002-11-14 Alternative 9780198298175 Audience Professional & Vocational Country of Origin US Product Class Description Law: General & Reference We've got this At The Nile, if you're looking for it, we've got it. 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