Regulating Contracts

Part 1: Introduction 1: The Tasks for Regulating Contracts 2: The Meaning of Contract:- How Contract Thinks About Association; Contractualization of Social Life; Meaning of Contractual Relations; Embeddedness Part 2: The New Regulation 3: The Discourses of Legal Regulation:- Normative Complexity; Self-reference and Closure; The Doctrinal Classification System; The Collision of Private Law with Public Regulation; The Productive Disintegration of Private Law 4: The Capacity of Private Law:- Private Law as Regulation; Reflexive Regulation; Standard Setting; Monitoring and Enforcement; Conclusion Part 3: Regulation in the Construction of Markets 5: The Construction of Markets:- Trust and Sanctions; Markets Without a State; The Construction of Trust; The Construction of Non-legal Sanctions; The Significance of Legal Sanctions; The Adjudication Process; Conclusion 6: Rationality of Contractual Behaviour:- Three Frameworks of Contractual Behaviour; The Non-Use of Contracts; Relational and Discrete Contracts; Reasonable Expectations 7: Planning and Co-operation:- Lawyers as Engineers; Informality in Business Dealings; Incompleteness in Planning Documents; Risk; Insufficient Specificity of Self-regulation; Flexibility; Conclusion 8: Formalism and Efficiency:- The Form of Legal Doctrine; Closure and Expectation; Commercial Arbitration; Reasoning in the Common Law; The Virus of Formalism; A Transformation in Legal Doctrine? 9: Contract as Thing:- Money; Formality; Legal Pluralism; Futures Contracts; Club Markets; Self-regulating Associations Part 4: Distributive Tasks of Regulation 10: Power and Governance:- Mass Contracts; Principal and Agent; Contract and Organization; Conclusion 11: Unfair Contracts:- The Illusion of Unfairness; Open Texture Rules; Regulatory Backfiring; The Adequacy of Regulating Market Failure; Conclusion 12: Quality:- Efficient Level of Quality; Form of Standards; Monitoring and Enforcement; Conclusion 13: Government by Contract:- Public Services and the Market Mechanism; The Problem of Co-operation; The Problem of Quality; Quasi-Contract in Government; Conclusion 14: Dispute Settlement:- The Taste for Litigation; Vindication of Contractual Rights; Access to Justice; For Settlement 15: Conclusion Bibliography Table of Cases Table of Statutes Index