The Jurisprudential Foundations of Corporate and Commercial Law

ISBN-13: 9780521591577 / Angielski / Twarda / 2000 / 254 str.

Jody S. Kraus; Steven D. Walt; Gerald Postema

Opis

This collection brings together new 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. The volume addresses such questions as: is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency compatible? 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.

Spis treści

Contributors; Introduction; 1. Karl Llewellyn and the origins of contract theory Alan Schwartz; 2. Economic efficiency and the ex ante perspective Daniel A. Farber; 3. Constrained optimization: corporate law and the maximization of social welfare Lewis A. Kornhauser; 4. Do trade customs exist? Richard Craswell; 5. The uniformity norm in commercial law: a comparative analysis of common law and code methodologies Robert E. Scott; 6. In defense of the incorporation strategy Jody S. Kraus and Steven D. Walt; Index.