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  3. The Jurisprudential Foundations of Corporate and Commercial Law
  • Cited by 7
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    • Publisher:
      Cambridge University Press
      Publication date:
      22 September 2009
      02 October 2000
      ISBN:
      9780511527449
      9780521591577
      9780521038768
      DOI:
      https://doi.org/10.1017/CBO9780511527449
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.51kg, 254 Pages
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.386kg, 256 Pages
      • Subjects:
      Law: General Interest, Law, Legal Philosophy, Philosophy
      Series:
      Cambridge Studies in Philosophy and Law
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    • Selected: Digital
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    Subjects:
    Law: General Interest, Law, Legal Philosophy, Philosophy
    Series:
    Cambridge Studies in Philosophy and Law
    Information

    Book description

    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.

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    Contents

    Contents
    • 4 - Do Trade Customs Exist?
      pp 118-148
      • By Richard Craswell, I have benefited from comments by Lisa Bernstein, Robert D. Cooter, Jody S. Kraus, Jack L. Goldsmith, Gregory C. Keating, Clayton P. Gillette, Mark A. Lemley, Richard H. McAdams, Elizabeth Mertz, Eric A. Posner, Richard A. Posner, Richard J. Ross, and participants in workshops at the Stanford, University of California, University of Chicago, University of Virginia, and Chicago-Kent law schools.

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