Regulating Contracts

## Abstract Using an interdisciplinary approach involving economics, sociology, and law, this book explores fundamental questions about the purposes and effects of legal regulation of contractual relationships. What kind of social relations do contracts create, or, more precisely, how do contracts govern social interaction. How are contractual relations, or more generally, markets constructed? Does the law play a significant role in particular 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 redressing unfairness, countering unjust power relations, and improving 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. The argument in the book is that control of unfairness is both desirable and practicable, that power relations should be modified for the sake of efficiency, and that better access to justice is unhelpful to the resolution of contractual disputes.

using An Interdisciplinary Approach Involving Economics, Sociology, And Law, This Book Examines The Purposes, Efficiency, And Efficacy Of Legal Regulation Of Contracts And Suggests How Legal Regulation Fails And How It Might Be Improved. The Conclusions Suggest That The Law Plays An Insignificant Role In The Construction Of Markets, And That It Could Provide Better Assistance By Using Indeterminate Regulation That Permits The Recontextualization Of Legal Reasoning.

Title_Pages (1) Preface Table_of_Cases Table_of_Legislation The_Tasks_for_Regulating_Contracts The_Meaning_of_Contract The_Discourses_of_Legal_Regulation The_Capacity_of_Private_Law The_Construction_of_Markets Rationality_of_Contractual_Behaviour Planning_and_Cooperation Formalism_and_Efficiency Contract_as_Thing Power_and_Governance Unfair_Contracts Quality Government_by_Contract Dispute_Settlement Conclusion Bibliography Index What kind of social relation do contracts create, or, more precisely, how do contracts cover social interaction? Using an interdisciplinary approach, this work explores fundamental questions about contracts and legal regulation