Coverart for item
The Resource Contract law minimalism : a formalist restatement of commercial contract law, Jonathan Morgan, Corpus Christi College, Cambridge, (electronic resource)

Contract law minimalism : a formalist restatement of commercial contract law, Jonathan Morgan, Corpus Christi College, Cambridge, (electronic resource)

Label
Contract law minimalism : a formalist restatement of commercial contract law
Title
Contract law minimalism
Title remainder
a formalist restatement of commercial contract law
Statement of responsibility
Jonathan Morgan, Corpus Christi College, Cambridge
Creator
Subject
Language
eng
Summary
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.--
Member of
Assigning source
Provided by publisher
Cataloging source
UkCbUP
http://library.link/vocab/creatorName
Morgan, Jonathan
Index
index present
Literary form
non fiction
Nature of contents
dictionaries
Series statement
  • Law in context
  • Cambridge Social Sciences eBooks
http://library.link/vocab/subjectName
  • Contracts
  • Commercial law
  • Contracts
Label
Contract law minimalism : a formalist restatement of commercial contract law, Jonathan Morgan, Corpus Christi College, Cambridge, (electronic resource)
Link
http://ezproxy.eui.eu/login?url=https://doi.org/10.1017/CBO9781139108171
Instantiates
Publication
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Does instrumentalism "fit" contract law? -- Justifying the instrumental approach -- Critique of neoclassical law and economics -- Relational contracting : trust, business, and law -- Extra-legal norms : the irrelevance of the law (of contract)? -- Defining contract law minimalism, or the "new formalism" -- Against regulation through contract law -- The limited capacity of contract law -- What business wants : evidence from the "markets for law" -- A formalist restatement of commercial contract law
Control code
CR9781139108171
Dimensions
unknown
Extent
1 online resource (xxiii, 289 pages)
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781107021075
Media category
computer
Media MARC source
rdamedia
Media type code
c
Other physical details
digital, PDF file(s).
Specific material designation
remote
System control number
(OCoLC)862614604
Label
Contract law minimalism : a formalist restatement of commercial contract law, Jonathan Morgan, Corpus Christi College, Cambridge, (electronic resource)
Link
http://ezproxy.eui.eu/login?url=https://doi.org/10.1017/CBO9781139108171
Publication
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Does instrumentalism "fit" contract law? -- Justifying the instrumental approach -- Critique of neoclassical law and economics -- Relational contracting : trust, business, and law -- Extra-legal norms : the irrelevance of the law (of contract)? -- Defining contract law minimalism, or the "new formalism" -- Against regulation through contract law -- The limited capacity of contract law -- What business wants : evidence from the "markets for law" -- A formalist restatement of commercial contract law
Control code
CR9781139108171
Dimensions
unknown
Extent
1 online resource (xxiii, 289 pages)
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781107021075
Media category
computer
Media MARC source
rdamedia
Media type code
c
Other physical details
digital, PDF file(s).
Specific material designation
remote
System control number
(OCoLC)862614604

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