Revisiting The Contracts Scholarship Of Stewart Macaulay

Author : Jean Braucher,John Kidwell,William C. Whitford
Publisher : Bloomsbury Publishing
Page : 424 pages
File Size : 54,5 Mb
Release : 2013-01-14
Category : Law
ISBN : 9781782250616

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Revisiting the Contracts Scholarship of Stewart Macaulay by Jean Braucher,John Kidwell,William C. Whitford Pdf

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'.

Author : Jean Braucher,John Kidwell,William C. Whitford
Publisher : Bloomsbury Publishing
Page : 466 pages
File Size : 54,8 Mb
Release : 2013-01-14
Category : Law
ISBN : 9781782250609

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Revisiting the Contracts Scholarship of Stewart Macaulay by Jean Braucher,John Kidwell,William C. Whitford Pdf

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'.

Author : David Campbell
Publisher : Springer Nature
Page : 551 pages
File Size : 50,5 Mb
Release : 2020-10-30
Category : Law
ISBN : 9783030339302

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Stewart Macaulay: Selected Works by David Campbell Pdf

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.

Author : Stewart Macaulay
Publisher : Unknown
Page : 128 pages
File Size : 42,7 Mb
Release : 2010
Category : Contracts
ISBN : 1422482448

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Contracts: The advanced course by Stewart Macaulay Pdf

Author : David Frydlinger,Kate Vitasek,Jim Bergman,Tim Cummins
Publisher : Springer Nature
Page : 327 pages
File Size : 44,8 Mb
Release : 2021-05-24
Category : Business & Economics
ISBN : 9783030650995

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Contracting in the New Economy by David Frydlinger,Kate Vitasek,Jim Bergman,Tim Cummins Pdf

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.

Author : Stewart Macaulay
Publisher : Unknown
Page : 689 pages
File Size : 46,6 Mb
Release : 1991
Category : Electronic
ISBN : OCLC:896164873

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Contracts by Stewart Macaulay Pdf

Author : David Campbell,Linda Mulcahy,Sally Wheeler
Publisher : Springer
Page : 239 pages
File Size : 42,9 Mb
Release : 2017-02-28
Category : Law
ISBN : 9781137269270

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Changing Concepts of Contract by David Campbell,Linda Mulcahy,Sally Wheeler Pdf

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.

Author : James Goudkamp,Donal Nolan
Publisher : Bloomsbury Publishing
Page : 437 pages
File Size : 52,7 Mb
Release : 2022-12-01
Category : Law
ISBN : 9781509938483

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Scholars of Contract Law by James Goudkamp,Donal Nolan Pdf

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.

Author : Vibe Ulfbeck,Alexandra Andhov,Kateřina Mitkidis
Publisher : Routledge
Page : 254 pages
File Size : 54,9 Mb
Release : 2019-01-10
Category : Law
ISBN : 9780429866098

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Law and Responsible Supply Chain Management by Vibe Ulfbeck,Alexandra Andhov,Kateřina Mitkidis Pdf

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".

Author : Corrales Compagnucci, Marcelo,Haapio, Helena,Fenwick, Mark
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 49,5 Mb
Release : 2022-05-03
Category : Law
ISBN : 9781839102288

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Research Handbook on Contract Design by Corrales Compagnucci, Marcelo,Haapio, Helena,Fenwick, Mark Pdf

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.

Author : Martin Ebers,Cristina Poncibò,Mimi Zou
Publisher : Bloomsbury Publishing
Page : 325 pages
File Size : 41,7 Mb
Release : 2022-06-30
Category : Law
ISBN : 9781509950690

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Contracting and Contract Law in the Age of Artificial Intelligence by Martin Ebers,Cristina Poncibò,Mimi Zou Pdf

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.

Author : David Sandomierski
Publisher : University of Toronto Press
Page : 403 pages
File Size : 52,6 Mb
Release : 2020-02-24
Category : Law
ISBN : 9781487533007

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Aspiration and Reality in Legal Education by David Sandomierski Pdf

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.

Author : Austin Sarat
Publisher : Emerald Group Publishing
Page : 184 pages
File Size : 52,7 Mb
Release : 2019-10-22
Category : Political Science
ISBN : 9781838678593

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Legal Intermediation by Austin Sarat Pdf

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.

Author : David Campbell
Publisher : Oxford University Press
Page : 465 pages
File Size : 44,6 Mb
Release : 2022-09-05
Category : Law
ISBN : 9780192597359

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Contractual Relations by David Campbell Pdf

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.

Author : Stewart Macaulay,William C. Whitford,Kathryn Hendley,Jonathan C. Lipson
Publisher : Unknown
Page : 0 pages
File Size : 54,9 Mb
Release : 2016
Category : Contracts
ISBN : 1522104070

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Contracts by Stewart Macaulay,William C. Whitford,Kathryn Hendley,Jonathan C. Lipson Pdf

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.