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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 …
Knight's Gambit To Fool's Mate: Beyond Legal Realism, Eric A. Engle
Knight's Gambit To Fool's Mate: Beyond Legal Realism, Eric A. Engle
Eric A. Engle
In the 1930s the American left took the gambit of abandoning objective moral values to implement a socially redistributive agenda. The result has been a long term debacle with a complete isolation of the left wing in American political life for by abandoning objective moral values the left also abandoned its own ability to claim morality and empowered thereby economic values as the only remaining objective value. This article traces the theoretical failures of the left which resulted over time in the political isolation of the left and suggest ways to change that.
Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Sarah Krakoff
Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Sarah Krakoff
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