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Regulating Contracts (Hardcover)
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Regulating Contracts (Hardcover)
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Using an interdisciplinary approach involving economics, sociology,
and law, Regulating Contracts explores fundamental questions about
contracts and legal regulation. What kind of social relation do
contracts create, or, more precisely, how do contracts cover social
interaction? How are contractual relations or more generally
markets constructed? Does the law play a significant role in
contractual practices, and in particular what do lawyers, courts,
and legal sanctions contribute to the contractual social order? For
what distributive purposes does the law attempt regulation? The
controversial conclusions of this study suggest that the law plays
an insignificant role in the construction of markets, and that law
and lawyers could provide better assistance by using indeterminate
regulation that permits the recontextualization of legal reasoning.
Legal regulation of contracts concerned with redistributive tasks,
such as redress of unfairness, countering unjust power relations,
and access to justice, is evaluated both with respect to the
objectives of regulation and the search for the most efficient and
efficacious form of regulation.
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