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Managing Pluralism

Vanessa Mak

in Legal Pluralism in European Contract Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780198854487
eISBN:
9780191888779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198854487.003.0009
Subject:
Law, EU Law

This chapter examines which mechanisms can provide ‘checks and balances’ for the rules created by different lawmakers in a legal pluralist constellation. The question here is which space exists for ... More


The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking

Gilles Cuniberti

in Private International Law and Global Governance

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198727620
eISBN:
9780191793684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727620.003.0008
Subject:
Law, Private International Law, Constitutional and Administrative Law

Private powers increasingly legislate for themselves, and one could fear that the autonomy that they gain as a consequence might be misused. While the breadth of the production of private norms ... More


The Use and Abuse of Historical Narrative: Debates over Incomplete Contracts

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0011
Subject:
Law, Legal History

The debate over incomplete contracts pits two sides (dubbed right and left poles), both of which rely on a common historical narrative to generate opposing normative conclusions. This historical ... More


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