9780521591577

The Jurisprudential Foundations of Corporate and Commercial Law

by
  • ISBN13:

    9780521591577

  • ISBN10:

    0521591570

  • Format: Hardcover
  • Copyright: 2000-10-02
  • Publisher: Cambridge University Press
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Summary

This collection 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.

Table of Contents

Contributors viii
Introduction 1(11)
Karl Llewellyn and the Origins of Contract Theory
12(42)
Alan Schwartz
Economic Efficiency and the Ex Ante Perspective
54(33)
Daniel a. Farber
Constrained Optimization: Corporate Law and the Maximization of Social Welfare
87(31)
lewis A. Kornhauser
Do Trade Customs Exist?
118(31)
Richard Craswell
The Uniformity Norm in Commercial Law: A Comparative analysis of Common Law and Code Methodologies
149(44)
Robert E. Scott
In Defense of the Incorporation Strategy
193(45)
Jody S.Kraus
Steven D. Walt
Index 238

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