The Jurisprudential Foundations of Corporate and Commercial Law (Cambridge Studies in Philosophy and Law)

This collection brings together new essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship. The volume addresses such questions as: is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency compatible? What is the best way of pursuing efficiency in corporate and commercial law? The volume reflects the most exciting work being done in contemporary legal theory. It will be of interest to professionals and students in law and philosophy of law. Contributors: Alan Schwartz, Daniel A. Farber, Lewis A. Kornhauser, Richard Craswell, Robert E. Scott, Jody S. Kraus, Steven D. Walt This collection, first published in 2000, brings together essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship. Some of the questions addressed in the volume are: What are the historical roots of efficiency analysis in contract, sales, and corporate law? Is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency compatible? Even if efficiency is otherwise reasonable as a normative goal in corporate and commercial law, does the complexity of efficiency make it practical to administer in adjudication? What is the best way of pursuing efficiency in corporate and commercial law? The volume reflects the most exciting work being done in contemporary legal theory. It will be of interest to professionals and students in law and philosophy of law This Collection Brings Together New Essays By Some Of The Most Prominent Scholars Currently Writing In Commercial Law Theory. The Essays Address The Foundations Of Efficiency Analysis As The Dominant Theoretical Paradigm In Contemporary Corporate And Commercial Law Scholarship.--jacket. Karl Llewellyn And The Origins Of Contract Theory / Alan Schwartz -- Economic Efficiency And The Ex Ante Perspective / Daniel A. Farber -- Constrained Optimization: Corporate Law And The Maximization Of Social Welfare / Lewis A. Kornhauser -- Do Trade Customs Exist? / Richard Craswell -- The Uniformity Norm In Commercial Law: A Comparative Analysis Of Common Law And Code Methodologies / Robert E. Scott -- In Defense Of The Incorporation Strategy / Jody S. Kraus And Steven D. Walt. Edited By Jody S. Kraus, Steven D. Walt. Includes Bibliographical References And Index. "This collection brings together new essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship."--BOOK JACKET This is a collection of essays by some of the most prominent scholars currently writing in commercial law theory Karl Llewellyn was America's leading legal realist, academic law reformer, and contract law theorist.