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  1. Home
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  3. The Jurisprudential Foundations of Corporate and Commercial Law
  • Cited by 7
Publisher:
Cambridge University Press
Online publication date:
September 2009
Print publication year:
2000
Online ISBN:
9780511527449
DOI:
https://doi.org/10.1017/CBO9780511527449
Subjects:
Law: General Interest, Law, Legal Philosophy, Philosophy
Series:
Cambridge Studies in Philosophy and Law
Information

Book description

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.

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Contents

Contents
  • 4 - Do Trade Customs Exist?
    pp 118-148
    • By Richard Craswell, I have benefited from comments by Lisa Bernstein, Robert D. Cooter, Jody S. Kraus, Jack L. Goldsmith, Gregory C. Keating, Clayton P. Gillette, Mark A. Lemley, Richard H. McAdams, Elizabeth Mertz, Eric A. Posner, Richard A. Posner, Richard J. Ross, and participants in workshops at the Stanford, University of California, University of Chicago, University of Virginia, and Chicago-Kent law schools.

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