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Full-Text Articles in Law
The Law Of Society: Governance Through Contract, Peter Zumbansen
The Law Of Society: Governance Through Contract, Peter Zumbansen
Indiana Journal of Global Legal Studies
This paper focuses on contract law as a central field in contemporary regulatory practice. In recent years, "governance by contract" has emerged as the central concept in the context of privatization, domestic and transnational commercial relations, and law-and-development projects. Meanwhile, as a result of the neo-formalist attack on contract law, "governance of contract" through contract adjudication, consumer protection law, and judicial intervention into private law relations has come under severe pressure. Building on early historical critique of the formalist foundations of an allegedly private law of the market, the paper assesses the current justifications for contractual governance and posits that …
Architecture Amidst Anarchy: Global Health's Quest For Governance, David Fidler
Architecture Amidst Anarchy: Global Health's Quest For Governance, David Fidler
Articles by Maurer Faculty
Increased concern about global health has focused attention on governance questions, and calls for new governance architecture for global health have appeared. This article examines the growing demand for such architecture and argues that the architecture metaphor is inapt for understanding the challenges global health faces. In addition to traditional problems experienced in coordinating State behavior, global health governance faces a new problem, what I call “open-source anarchy.” The dynamics of open-source anarchy are such that States and non-State actors resist governance reforms that would restrict their freedom of action. In this context, what is emerging is not governance architecture …