The Jurisprudential Foundations of Corporate and Commercial Law
Part of Cambridge Studies in Philosophy and Law
- Editors:
- Jody S. Kraus, University of Virginia
- Steven D. Walt, University of Virginia
- Date Published: August 2007
- availability: Available
- format: Paperback
- isbn: 9780521038768
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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.
Read more- Comprehensive and original essays by some of the most prominent scholars writing in commercial law theory
- Focuses on the intersections between jurisprudence and commercial law
- Presents a study of efficiency analysis, and a mix of historical, moral and methodological questions
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×Product details
- Date Published: August 2007
- format: Paperback
- isbn: 9780521038768
- length: 256 pages
- dimensions: 228 x 151 x 15 mm
- weight: 0.386kg
- availability: Available
Table of Contents
Contributors
Introduction
1. Karl Llewellyn and the origins of contract theory Alan Schwartz
2. Economic efficiency and the ex ante perspective Daniel A. Farber
3. Constrained optimization: corporate law and the maximization of social welfare Lewis A. Kornhauser
4. Do trade customs exist? Richard Craswell
5. The uniformity norm in commercial law: a comparative analysis of common law and code methodologies Robert E. Scott
6. In defense of the incorporation strategy Jody S. Kraus and Steven D. Walt
Index.
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