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Regulating Contracts

by Hugh Collins (Professor of English Law, London School o...
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Product Details:

Format: Hardback
Publisher: Oxford University Press
Language: English
Dimensions: 24.00 X 3.00 X 16.00
Publisher Code: 9780198298175
Date Added: 2018-08-08
Search Category: International
Jurisdiction: International

Overview:

Using an interdisciplinary approach involving economics, sociology, and law, Regulating Contracts explores fundamental questions about contracts and legal regulation. What kind of social relation do contracts create, or, more precisely, how do contracts cover social interaction? How are contractual relations or more generally markets constructed? Does the law play a significant role in contractual 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 redress of unfairness, countering unjust power relations, and 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.
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Table Of Contents:

PART 1: INTRODUCTION ; PART 2: THE NEW REGULATION ; PART 3: REGULATION IN THE CONSTRUCTION OF MARKETS ; PART 4: DISTRIBUTIVE TASKS OF REGULATION
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