Cambridge Studies in Philosophy and Law: The Jurisprudential Foundations of Corporate and Commercial Law

This collection, first published in 2000, brings together essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship. Some of the questions addressed in the volume are: What are the historical roots of efficiency analysis in contract, sales, and corporate law? Is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency compatible? Even if efficiency is otherwise reasonable as a normative goal in corporate and commercial law, does the complexity of efficiency make it practical to administer in adjudication? What is the best way of pursuing efficiency in corporate and commercial law? The volume reflects the most exciting work being done in contemporary legal theory. It will be of interest to professionals and students in law and philosophy of law.

Contributors; Introduction; 1. Karl Llewellyn and the origins of contract theory Alan Schwartz; 2. Economic efficiency and the ex ante perspective Daniel A. Farber; 3. Constrained optimization: corporate law and the maximization of social welfare Lewis A. Kornhauser; 4. Do trade customs exist? Richard Craswell; 5. The uniformity norm in commercial law: a comparative analysis of common law and code methodologies Robert E. Scott; 6. In defense of the incorporation strategy Jody S. Kraus and Steven D. Walt; Index.