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Rough Consensus and Running Code - A Theory of Transnational Private Law (Paperback)
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Rough Consensus and Running Code - A Theory of Transnational Private Law (Paperback)
Series: Hart Monographs in Transnational and International Law
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Private law has long been the focus of efforts to explain wider
developments of law in an era of globalization. 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 conceptualize 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. Now available in paperback, Rough Consensus and Running
Code describes and analyzes 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. (Series: Hart Monograph in Transnational and
International Law)
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