Contract Law Minimalism
A Formalist Restatement of Commercial Contract Law
$99.00 ( ) USD
Part of Law in Context
- Author: Jonathan Morgan, University of Cambridge
Adobe eBook Reader
Other available formats:
Looking for an examination copy?
If you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact firstname.lastname@example.org providing details of the course you are teaching.
Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.Read more
- Presents a distinctive thesis about the role and content of commercial contract law, which will appeal to students, scholars and practitioners studying contract and commercial law
- Engages with a wide range of perspectives on contract law: philosophical (e.g. promissory, taxonomic, corrective justice), economic and socio-legal (e.g. social norms)
- Explains and defends the 'neoformalist' approach to contract law developed in recent US scholarship
Reviews & endorsements
"… [an] admirable contribution to this fascinating debate."
Catherine Mitchell, International Company and Commercial Law Review
Not yet reviewed
Be the first to review
Review was not posted due to profanity×
- format: Adobe eBook Reader
- isbn: 9781107453753
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
Part I. Clearing the Ground:
1. Does instrumentalism 'fit' contract law?
2. Justifying the instrumental approach
Part II. Social Sciences and the Law of Contract:
3. A critique of neoclassical law and economics
4. Relational contracting: trust, business and law
5. Extra-legal norms: the irrelevance of the law (of contract)?
Part III. Contract Law Minimalism:
6. Defining contract law minimalism, or the 'new formalism'
7. Against regulation through contract law
8. The limited capacity of contract law
9. What business wants: evidence from the 'markets for law'
10. A formalist restatement of commercial contract law.
Sorry, this resource is locked
Please register or sign in to request access. If you are having problems accessing these resources please email email@example.comRegister Sign in
You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.Continue ×