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Full-Text Articles in Law
Introduction: Private Ordering In A Globalizing World: Still Searching For The Basics Of Contract, Peer Zumbansen
Introduction: Private Ordering In A Globalizing World: Still Searching For The Basics Of Contract, Peer Zumbansen
Indiana Journal of Global Legal Studies
Governing Contracts - Public and Private Perspectives, Symposium. Osgoode Hall Law School, Toronto, November 9-10, 2006
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 …
The New Public Contracting: Public Versus Private Ordering?, Peter Vincent-Jones
The New Public Contracting: Public Versus Private Ordering?, Peter Vincent-Jones
Indiana Journal of Global Legal Studies
This article explores the hybrid character of contemporary public service organization with specific reference to the emergence in Britain over the last twenty-five years of a novel mode of governance, the "New Public Contracting." The New Public Contracting governs an ever-expanding range of aspects of modern life through contracting regimes directed at the attainment of particular policy purposes. In Britain, this mode of governance has been problematic in that many contracting regimes have failed to respond adequately to public needs. While the trend toward privatization may be politically irreversible, the role of the state should be to help establish the …
Relational Contract And The Nature Of Private Ordering: A Comment On Vincent-Jones, David Campbell
Relational Contract And The Nature Of Private Ordering: A Comment On Vincent-Jones, David Campbell
Indiana Journal of Global Legal Studies
This paper focuses on the enormous growth of contract in the public sector over the last twenty years as part of the development of the "new public management." In the United Kingdom, the most penetrating assessment of the significance of this growth for the law of contract, its theory and its use, is Peter Vincent-Jones's The New Public Contracting, the thrust of which has been the basis of Vincent-Jones's contribution to this issue, The New Public Contracting: Public versus Private Ordering? In this paper, the author examines the welfarism of public sector contracting by means of a comment on Vincent-Jones's …
The Role Of Contracts And Networks In Public Governance: The Importance Of The "Social Epistemology" Of Decision Making, Karl-Heinz Ladeur
The Role Of Contracts And Networks In Public Governance: The Importance Of The "Social Epistemology" Of Decision Making, Karl-Heinz Ladeur
Indiana Journal of Global Legal Studies
This article addresses the role of public contracts and of public-private networks in relation to the new cognitive infrastructure of postmodern societies and the rise of an experimental rationality. The use of contracts in public law has evolved: it is no longer just a new version of the administrative decision; it is now used as a means in a broad process of breaking up the permeability of public administration. New modes of contracting are a response to increasing fragmentation of interests in industry and in society as a whole. This evolution has also given rise to the concept of the …
Three Pictures Of Contract: Duty, Power And Compound Rule, Gregory Klass
Three Pictures Of Contract: Duty, Power And Compound Rule, Gregory Klass
Georgetown Law Faculty Publications and Other Works
A fundamental divide among theories of contract law is between those that picture contract as a power and those that picture it as a duty. On the power-conferring picture, contracting is a sort of legislative act, in which persons determine what law will apply to their transaction. On the duty-imposing picture, contract law puts duties on persons entering into agreements for consideration whether they want them or not. Until now, very little attention has been paid to the problem of how to tell whether a given rule is power conferring or duty imposing -- a question that should lie at …