Book contents
- Vanishing Contract Law
- Law in Context
- International Journal of Law in Context: A Global Forum for Interdisciplinary Legal Studies
- Vanishing Contract Law
- Copyright page
- Contents
- Preface
- Acknowledgements
- Table of Cases
- Table of Statutes
- 1 Vanishing Contract Law
- 2 Contract Common Law Trends
- 3 Contractualisation and the Common Law Retreat
- 4 Private Ordering, Regulation and Contract Law
- 5 Contracts through the Gaps
- 6 Future Challenges for Contract Law
- 7 The Possibility of Common Law Revival
- 8 Conclusion
- Select Bibliography
- Index
1 - Vanishing Contract Law
Published online by Cambridge University Press: 25 August 2022
- Vanishing Contract Law
- Law in Context
- International Journal of Law in Context: A Global Forum for Interdisciplinary Legal Studies
- Vanishing Contract Law
- Copyright page
- Contents
- Preface
- Acknowledgements
- Table of Cases
- Table of Statutes
- 1 Vanishing Contract Law
- 2 Contract Common Law Trends
- 3 Contractualisation and the Common Law Retreat
- 4 Private Ordering, Regulation and Contract Law
- 5 Contracts through the Gaps
- 6 Future Challenges for Contract Law
- 7 The Possibility of Common Law Revival
- 8 Conclusion
- Select Bibliography
- Index
Summary
This chapter sets out the main objectives and major themes of the work. The overall aim of the project is to establish the implications of a diminishing contract law (common law in particular).By ‘diminishment’ is meant the return to formal and classical law values in the common law and a reduced field of application for the rules of contract law. A brief outline is given of the topics that are explored during the course of the book: the rise of private ordering through contracts and the legal response to this; the ‘contractualisation’ of society; the formalist turn in modern contract law; the likely future pressures on legal development (such as ‘smart contracts’).The chapter raises some initial arguments concerning the drawbacks of a diminishing contract law (lack of development of public rules of contract law; lack of legal scrutiny of many modern contracts, or aspects of them; lack of opportunity for courts to express and apply the normative values that should underpin contracting). The chapter also anticipates, and responds to, some initial questions or criticisms about the project.
- Type
- Chapter
- Information
- Vanishing Contract LawCommon Law in the Age of Contracts, pp. 1 - 25Publisher: Cambridge University PressPrint publication year: 2022