Contract Law Minimalism

A Formalist Restatement of Commercial Contract Law

Nonfiction, Reference & Language, Law, Comparative, Contracts
Cover of the book Contract Law Minimalism by Jonathan Morgan, Cambridge University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Jonathan Morgan ISBN: 9781107460737
Publisher: Cambridge University Press Publication: November 7, 2013
Imprint: Cambridge University Press Language: English
Author: Jonathan Morgan
ISBN: 9781107460737
Publisher: Cambridge University Press
Publication: November 7, 2013
Imprint: Cambridge University Press
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Cambridge University Press

Cover of the book The Cambridge Illustrated Glossary of Botanical Terms by Jonathan Morgan
Cover of the book Ritual, Belief and the Dead in Early Modern Britain and Ireland by Jonathan Morgan
Cover of the book Fourier Analysis by Jonathan Morgan
Cover of the book Outsider Designations and Boundary Construction in the New Testament by Jonathan Morgan
Cover of the book Geometry from a Differentiable Viewpoint by Jonathan Morgan
Cover of the book Religious Diversity in the Workplace by Jonathan Morgan
Cover of the book Revenge and Social Conflict by Jonathan Morgan
Cover of the book Fourier Analysis: Volume 1, Theory by Jonathan Morgan
Cover of the book Nepal in Transition by Jonathan Morgan
Cover of the book The Cambridge Handbook of Creativity by Jonathan Morgan
Cover of the book Astrophysics for Physicists by Jonathan Morgan
Cover of the book Respiratory Physiology of Vertebrates by Jonathan Morgan
Cover of the book Cheap Print and Popular Song in the Nineteenth Century by Jonathan Morgan
Cover of the book Schopenhauer: On the Fourfold Root of the Principle of Sufficient Reason and Other Writings by Jonathan Morgan
Cover of the book The Cambridge Companion to W. H. Auden by Jonathan Morgan
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy