Margaret Jane Radin
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691155333
- eISBN:
- 9781400844838
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691155333.003.0010
- Subject:
- Law, Company and Commercial Law
This chapter considers “private” reform ideas or market solutions for improving the normative and democratic acceptability of boilerplate terms. It begins with a discussion of one potentially ...
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This chapter considers “private” reform ideas or market solutions for improving the normative and democratic acceptability of boilerplate terms. It begins with a discussion of one potentially important “private” incentive: reputation. Some firms are likely to be especially cognizant of the need to maintain good relationships with their users, and therefore responsive to the threat of reputational harm. This is most likely to be true for firms that have users who are reasonably savvy about issues of user rights, such as data privacy or information copying. After outlining the conditions conducive to consumer pushback, the chapter examines other private or market approaches, such as those involving rating agencies, seals of approval, and certifications. Finally, it looks at automated filtering or “machine bargaining,” and especially the implementation of filtering systems for personal computers.Less
This chapter considers “private” reform ideas or market solutions for improving the normative and democratic acceptability of boilerplate terms. It begins with a discussion of one potentially important “private” incentive: reputation. Some firms are likely to be especially cognizant of the need to maintain good relationships with their users, and therefore responsive to the threat of reputational harm. This is most likely to be true for firms that have users who are reasonably savvy about issues of user rights, such as data privacy or information copying. After outlining the conditions conducive to consumer pushback, the chapter examines other private or market approaches, such as those involving rating agencies, seals of approval, and certifications. Finally, it looks at automated filtering or “machine bargaining,” and especially the implementation of filtering systems for personal computers.
Martijn W. Hesselink
- Published in print:
- 2021
- Published Online:
- August 2021
- ISBN:
- 9780192843654
- eISBN:
- 9780191926297
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780192843654.003.0003
- Subject:
- Law, EU Law
This chapter concerns the relationship between contract law and democracy. The central question is whether contract law, in order to be legitimate, must have a democratic basis, and what this would ...
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This chapter concerns the relationship between contract law and democracy. The central question is whether contract law, in order to be legitimate, must have a democratic basis, and what this would entail. This leads to a normative institutional comparison between legislators, courts, legal academics, and economic-sectoral experts as the protagonists in contract law making. In addition, beyond the matter of institutional choice, the question of democratic legitimacy may lead to the question of whether there are any limits as to the kind of reasons (‘public reasons’) that can justify the law, in our case European contract law.Less
This chapter concerns the relationship between contract law and democracy. The central question is whether contract law, in order to be legitimate, must have a democratic basis, and what this would entail. This leads to a normative institutional comparison between legislators, courts, legal academics, and economic-sectoral experts as the protagonists in contract law making. In addition, beyond the matter of institutional choice, the question of democratic legitimacy may lead to the question of whether there are any limits as to the kind of reasons (‘public reasons’) that can justify the law, in our case European contract law.
Gregor Baer
- Published in print:
- 2015
- Published Online:
- March 2021
- ISBN:
- 9780198738466
- eISBN:
- 9780191927591
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198738466.003.0026
- Subject:
- Law, Company and Commercial Law
The material contained herein is intended as a general guide only and is not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for ...
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The material contained herein is intended as a general guide only and is not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for legal advice concerning particular situations. Legal advice should always be sought before taking any action based on the information provided. The publishers, editors, and author bear no responsibility for any errors or omissions contained therein. Provisions of UNCITRAL and World Bank texts quoted or summarized in this chapter are provided courtesy of the United Nations Commission on International Trade Law and the World Bank, the respective copyright owners.
Less
The material contained herein is intended as a general guide only and is not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for legal advice concerning particular situations. Legal advice should always be sought before taking any action based on the information provided. The publishers, editors, and author bear no responsibility for any errors or omissions contained therein. Provisions of UNCITRAL and World Bank texts quoted or summarized in this chapter are provided courtesy of the United Nations Commission on International Trade Law and the World Bank, the respective copyright owners.
