Revisiting The Contracts Scholarship Of Stewart Macaulay

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Revisiting the Contracts Scholarship of Stewart Macaulay

Author : Jean Braucher
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250611
Total Pages : 424 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Revisiting the Contracts Scholarship of Stewart Macaulay by : Jean Braucher

Download or read book Revisiting the Contracts Scholarship of Stewart Macaulay written by Jean Braucher and published by Bloomsbury Publishing. This book was released on 2013-01-14 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay's foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices. The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay's work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay's most cited paper, 'Non-Contractual Relations in Business', and excerpts from two other important papers of his, 'Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards', and 'The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules'.

Stewart Macaulay: Selected Works

Author : David Campbell
Publisher : Springer Nature
ISBN 13 : 3030339300
Total Pages : 551 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Stewart Macaulay: Selected Works by : David Campbell

Download or read book Stewart Macaulay: Selected Works written by David Campbell and published by Springer Nature. This book was released on 2020-10-30 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a unique resource about Stewart Macaulay one of the common law world’s leading scholars of the law of contract and of the law in action approach to the study of law. Since 1959, he has published over 50 articles in leading journals, a number of working papers, (with colleagues at the University of Wisconsin Law School) a pathbreaking casebook for the teaching of the law of contract, and (with other colleagues) equally pathbreaking collections of materials for the teaching of the law in action or law in context approach to the study of law. In this work Macaulay has established himself as one of the postwar world’s leading scholars of the law of contract and of the sociology of law. His work is an absolute reference point in both disciplines, and it has attracted great attention elsewhere, most notably in economic sociology, where his concept of non-contractual economic relationships is regarded as an important theoretical innovation. Macaulay’s work has become an object of commentary in its own right, and the proposed book is intended to assist further such commentary by making hitherto difficult to obtain works readily accessible. Most of Macaulay’s work is now, when the leading journals are generally available in electronic form, readily accessible to students and researchers in universities. There are, however, a number of interesting and in most cases important works published in less accessible journals or works which were not published in an electronic form, which are difficult to obtain. This book will make them readily available, and in so doing will make it possible in future for scholars to have Macaulay’s complete oeuvre readily to hand. Although Macaulay’s work has provoked very considerable discussion, there previously have been no overall accounts of that work as opposed to critical engagements with aspects of it. In this book, two additional essays by leading commentators give accounts of Macaulay’s work and provide an introduction to, exegesis of and general evaluation of Macaulay’s work as a whole which is not to be found in the existing literature.

Revisiting the Contracts Scholarship of Stewart Macaulay

Author : Jean Braucher
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250603
Total Pages : 466 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Revisiting the Contracts Scholarship of Stewart Macaulay by : Jean Braucher

Download or read book Revisiting the Contracts Scholarship of Stewart Macaulay written by Jean Braucher and published by Bloomsbury Publishing. This book was released on 2013-01-14 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay's foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices. The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay's work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay's most cited paper, 'Non-Contractual Relations in Business', and excerpts from two other important papers of his, 'Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards', and 'The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules'.

Contracts

Author : Stewart Macaulay
Publisher :
ISBN 13 : 9781522104087
Total Pages : pages
Book Rating : 4.1/5 (4 download)

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Book Synopsis Contracts by : Stewart Macaulay

Download or read book Contracts written by Stewart Macaulay and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contracts: The advanced course

Author : Stewart Macaulay
Publisher :
ISBN 13 : 9781422482445
Total Pages : pages
Book Rating : 4.4/5 (824 download)

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Book Synopsis Contracts: The advanced course by : Stewart Macaulay

Download or read book Contracts: The advanced course written by Stewart Macaulay and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Scholars of Contract Law

Author : James Goudkamp
Publisher : Bloomsbury Publishing
ISBN 13 : 1509938486
Total Pages : 437 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Scholars of Contract Law by : James Goudkamp

Download or read book Scholars of Contract Law written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2022-12-01 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law. In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes. The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

Contracts

Author : Stewart Macaulay
Publisher :
ISBN 13 : 9781522104070
Total Pages : 0 pages
Book Rating : 4.1/5 (4 download)

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Book Synopsis Contracts by : Stewart Macaulay

Download or read book Contracts written by Stewart Macaulay and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts: Law in Action (CLA) is unique among contracts casebooks for two reasons. First, it has a distinct methodological commitment -- the "law in action" approach pioneered by, among others, authors Macaulay and Whitford. CLA provides unique contextual background into such chestnut cases as Parker v. Twentieth Century Fox and Hoffman v. Red Owl. This context allows teachers to explore such issues as where cases come from and what impact they have on the parties and others. Second, unlike many other casebooks CLA offers detailed and challenging problem sets to help students develop both the basic analytic skills they need to succeed and the larger modes of inquiry that distinguish the best lawyers. CLA is the rare book that marries theory and practice in an engaging and accessible way.

Contracting in the New Economy

Author : David Frydlinger
Publisher : Springer Nature
ISBN 13 : 3030650995
Total Pages : 327 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Contracting in the New Economy by : David Frydlinger

Download or read book Contracting in the New Economy written by David Frydlinger and published by Springer Nature. This book was released on 2021-05-24 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today’s business environment is constantly evolving, filled with volatility, uncertainty, complexity and ambiguity and driven by digital transformation, globalization, and the need to creating value through innovation. These shifts demand that organizations view contracting through a different lens. Since it is impossible to predict every what-if scenario in a transactional contract, organizations in strategic and complex partnerships must shift to a mindset of shared goals and objectives built upon a strong foundation of transparency and trust, working together to mitigate risk much better than merely shifting risk to the weaker party. Contracting in the New Economy helps you to not only develop this mindset – but also offers the practical tools needed to embrace the social side of contracting, enabling your organization to harness the value creating potential of formal relational contracts. Briefly sharing the theoretical foundations that prove relational contracting works, it goes well beyond theory by providing powerful examples of relational contracting principles in practice. In addition, the authors provide a practical and proven approach for helping you to put relational contracting theory into practice for your own relationships. First by providing a framework for approaching any contracting situation and helping organizations finding the best contract model for each situation. And then by sharing five proven steps you can take to create an effective relational contract for you own strategic and complex business relationships. For anyone involved in developing contracts —lawyers, in-house counsels, contract managers, C-level managers, procurement officers, and so on — this book will empower you to create powerful cooperative alliances that will help you reach —and surpass — your business goals in today’s dynamic new environment.

Changing Concepts of Contract

Author : David Campbell
Publisher : Springer
ISBN 13 : 1137269278
Total Pages : 239 pages
Book Rating : 4.1/5 (372 download)

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Book Synopsis Changing Concepts of Contract by : David Campbell

Download or read book Changing Concepts of Contract written by David Campbell and published by Springer. This book was released on 2017-02-28 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changing Concepts of Contract is a prestigious collection of essays that re-examines the remarkable contributions of Ian Macneil to the study of contract law and contracting behaviour. Ian Macneil, who taught at Cornell University, the University of Virginia and, latterly, at Northwestern University, was the principal architect of relational contract theory, an approach that sought to direct attention to the context in which contracts are made. In this collection, nine leading UK contract law scholars re-consider Macneil's work and examine his theories in light of new social and technological circumstances. In doing so, they reveal relational contract theory to be a pertinent and insightful framework for the study and practice of the subject, one that presents a powerful challenge to the limits of orthodox contract law scholarship. In tandem with his academic life, Ian Macneil was also the 46th Chief of the Clan Macneil. Included in this volume is a Preface by his son Rory Macneil, the 47th Chief, who reflects on the influences on his father's thinking of those experiences outside academia. The collection also includes a Foreword by Stewart Macaulay, Malcolm Pitman Sharp Hilldale Professor Emeritus at the University of Wisconsin-Madison, and an Introduction by Jay M Feinman, Distinguished Professor of Law at Rutgers School of Law.

Law and Responsible Supply Chain Management

Author : Vibe Ulfbeck
Publisher : Routledge
ISBN 13 : 0429866097
Total Pages : 254 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Law and Responsible Supply Chain Management by : Vibe Ulfbeck

Download or read book Law and Responsible Supply Chain Management written by Vibe Ulfbeck and published by Routledge. This book was released on 2019-01-10 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Social Responsibility has for long been on the agenda in the business world and recently, it has also become a political agenda in the European Union. Focusing on international supply chains and their control based on studies of law in several European jurisdictions, this book aims to advance the discussion on the application and enforcement of CSR. Drawing parallels to US and Canadian law, the book explores to what extent private law tools can be used as an enforcement device and it ultimately asks if what we are witnessing is the formation of a new area of law, employing the interplay of contract and tort – a law of "production liability", as a corollary of the concept of "product liability".

Research Handbook on Contract Design

Author : Corrales Compagnucci, Marcelo
Publisher : Edward Elgar Publishing
ISBN 13 : 1839102284
Total Pages : 480 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Research Handbook on Contract Design by : Corrales Compagnucci, Marcelo

Download or read book Research Handbook on Contract Design written by Corrales Compagnucci, Marcelo and published by Edward Elgar Publishing. This book was released on 2022-05-03 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.

Contracting and Contract Law in the Age of Artificial Intelligence

Author : Martin Ebers
Publisher : Bloomsbury Publishing
ISBN 13 : 1509950699
Total Pages : 325 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Contracting and Contract Law in the Age of Artificial Intelligence by : Martin Ebers

Download or read book Contracting and Contract Law in the Age of Artificial Intelligence written by Martin Ebers and published by Bloomsbury Publishing. This book was released on 2022-06-30 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.

Aspiration and Reality in Legal Education

Author : David Sandomierski
Publisher : University of Toronto Press
ISBN 13 : 1487533004
Total Pages : 403 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Aspiration and Reality in Legal Education by : David Sandomierski

Download or read book Aspiration and Reality in Legal Education written by David Sandomierski and published by University of Toronto Press. This book was released on 2020-02-24 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to conventional narratives about legal education, Aspiration and Reality in Legal Education reveals a widespread desire among law teachers to integrate both theory and practice into the education of versatile and civic-minded lawyers. Despite this stated desire, however, this aspiration is largely unrealized due to a host of intellectual and institutional factors that produce a profound gap between what professors believe about law and the ideas they communicate through their teaching. Drawing on interviews with over sixty law professors in Canada, David Sandomierski makes two important empirical discoveries in this book. First, he establishes that, contrary to a dominant narrative in legal education that conceives of theory and practice as oppositional, the vast majority of law professors consider theory to be vitally important in preparing "better lawyers." Second, he uncovers a significant gap between the realist theoretical commitments held by a majority of professors and the formalist theories they almost uniformly convey through their teaching and conceptions of legal reasoning. Understanding the intellectual and institutional factors that account for these tensions, Sandomierski argues, is essential for any meaningful project of legal education reform.

Legal Intermediation

Author : Austin Sarat
Publisher : Emerald Group Publishing
ISBN 13 : 183867859X
Total Pages : 184 pages
Book Rating : 4.8/5 (386 download)

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Book Synopsis Legal Intermediation by : Austin Sarat

Download or read book Legal Intermediation written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2019-10-22 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue of Studies in Law, Politics and Society examines a broad range of European case studies to consider the crucial role played by intermediaries, such as companies and lawyers, in the legal system.

Contracts

Author : Stewart Macaulay
Publisher :
ISBN 13 : 9781522104049
Total Pages : 0 pages
Book Rating : 4.1/5 (4 download)

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Book Synopsis Contracts by : Stewart Macaulay

Download or read book Contracts written by Stewart Macaulay and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts: Law in Action (CLA) is unique among contracts casebooks for two reasons. First, it has a distinct methodological commitment -- the "law in action" approach pioneered by, among others, authors Macaulay and Whitford. CLA provides unique contextual background into such chestnut cases as Parker v. Twentieth Century Fox and Hoffman v. Red Owl. This context allows teachers to explore such issues as to where cases come from and what impact they have on the parties and others. Second, unlike many other casebooks CLA offers detailed and challenging problem sets to help students develop both the basic analytic skills they need to succeed and the larger modes of inquiry that distinguish the best lawyers. CLA is the rare book that marries theory and practice in an engaging and accessible way.

Contractual Relations

Author : David Campbell
Publisher : Oxford University Press
ISBN 13 : 0192597353
Total Pages : 465 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Contractual Relations by : David Campbell

Download or read book Contractual Relations written by David Campbell and published by Oxford University Press. This book was released on 2022-09-05 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by one of the leading contributors to the relational theory of contract, Contractual Relations authoritatively explains the form of the existing law of contract by relating it to its economic, legal, and sociological foundations. This volume demonstrates that economic exchange and legal contract rest on a moral relationship by which each party legitimately pursues its self-interest through recognition of the self-interest of the author. This essential relationship of mutual recognition is in stark contrast to the pursuit of solipsistic self-interest that is central to the classical law of contract. Self-interest of this sort is not morally defensible, nor does it enhance economic welfare. It is for these reasons that the classical law is legally incoherent. The fundamental inadequacies of the classical law's treatment of agreement, consideration, and remedy have emerged as the doctrines of the positive law of contract have been progressively developed to give effect to the relationship of mutual recognition. The welfarist criticism of the classical law has, however, failed to develop a workable concept of self-interest, and so is at odds with what must be retained from the classical law's facilitation of economic exchange and the market economy. The relational law of contract restates self-interest in a morally, economically, and legally attractive manner as the foundation of the social market economy of liberal socialism. Contractual Relations is a fundamental critique of the classical law of contract and the welfarist response to the classical law, and an important statement of the relational theory of contract. This is a thoughtful and essential work for academics and research students in law, economics, and sociology.

Comparative Contract Law

Author : Pier Giuseppe Monateri
Publisher : Edward Elgar Publishing
ISBN 13 : 1785369172
Total Pages : 576 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Comparative Contract Law by : Pier Giuseppe Monateri

Download or read book Comparative Contract Law written by Pier Giuseppe Monateri and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.