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Rough Consensus and Running Code - A Theory of Transnational Private Law (Hardcover, New)
Loot Price: R3,236
Discovery Miles 32 360
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Rough Consensus and Running Code - A Theory of Transnational Private Law (Hardcover, New)
Series: Hart Monographs in Transnational and International Law
Expected to ship within 12 - 17 working days
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Private law has long been the focus of efforts to explain wider
developments of law in an era of globalisation. As consumer
transactions and corporate activities continue to develop with
scant regard to legal and national boundaries, private law
theorists have begun to sketch and conceptualise the possible
architecture of a transnational legal theory. Drawing a detailed
map of the mixed regulatory landscape of 'hard' and 'soft' laws,
official, unofficial, direct and indirect modes of regulation,
rules, recommendations and principles as well as exploring the
concept of governance through disclosure and transparency, this
book develops a theoretical framework of transnational legal
regulation. Rough Consensus and Running Code describes and analyses
different law-making regimes currently observable in the
transnational arena. Its core aim is to reassess the transnational
regulation of consumer contracts and corporate governance in light
of a dramatic proliferation of rule-creators and compliance
mechanisms that can no longer be clearly associated with either the
'state' or the 'market'. The chosen examples from two of the most
dynamic legal fields in the transnational arena today serve as
backdrops for a comprehensive legal theoretical inquiry into the
changing institutional and normative landscape of legal
norm-creation.
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