
Research methods for contract law and scholarship
Title:
Research methods for contract law and scholarship
Author:
Chernykh, Yuliya, editor.
ISBN:
9781035316472
Edition:
First edition.
Physical Description:
1 online resource (372 pages).
Series:
Elgar studies in legal research methods
Elgar studies in legal research methods.
Contents:
Contents: Introduction: Everything is interconnected - can we understand contracts from only one perspective? / Yuliya Chernykh and Joshua Karton -- Part I: Internal perspectives -- 1. Doctrinal methods in contract law in civil law jurisdictions / Osny da Silva Filho -- 2. Doctrinal methods in contract law in common law jurisdictions / Jeff Berryman -- 3. Comparative methods in contract law / Yuliya Chernykh and Mads Andenæs -- 4. Philosophical methods in contract law / Johan Vorland Wibye -- Part II: External perspectives -- 5. Historical approaches to contract law / Victoria Barnes and Sally Wheeler -- 6. Empirical methods in contract law / Monika Leszczyńska -- 7. Law and economics methods and techniques in contract law / Mitja Kovac -- 8. The experimental methods in contract law / Sergio Mittlaender -- Part III: Challenging themes/perspectives -- 9. Research methods for contracts and sustainability / Katerina Mitkidis -- 10. Research methods for contract law and technology / Pietro Ortolani -- 11. Research methods for 21st-century consumer contracts: New wines, old bottles? / Cǎtǎlin-Gabriel Stǎnescu and Liviu Damsa -- 12. Research methods for contracts in indigenous legal orders / Alan Hanna -- 13. Research methods for transnational contract law / Joshua Karton.
Abstract:
"This timely and comprehensive book reveals the multifaceted nature of modern contract law and practice. Providing a broad overview of research methods in contemporary contract law, it identifies the various modes of inquiry and argumentative techniques in this dynamic field. Yuliya Chernykh and Joshua Karton bring together a range of specialists in contract law research to address old and new methodologies, as well as emerging topics in legal scholarship particularly suited to a combination of methodological approaches. Chapters focusing on doctrinal, comparative, philosophical, historical, economic, empirical, and experimental approaches are complemented by discussions of the research methods most apt for dealing with phenomena that challenge traditional conceptions of contract law: sustainability, digitalisation, consumer protection, Indigenous legal orders, and globalisation. Ultimately, the book eschews any predetermined agenda in favour of a particular theory, inviting researchers to reevaluate their modes of enquiry and reasoning. Readers will gain an appreciation for the broad variety of approaches to contract law scholarship, as well as their respective advantages and limitations, the kinds of questions each is best suited to answer, and the ways they can be combined to yield greater insights. Research Methods for Contract Law and Scholarship is an essential tool for students and academics interested in legal research methods and commercial law. Its breadth of practical and theoretical approaches will also greatly benefit practising lawyers and policymakers"-- Provided by publisher.
Genre:
Added Corporate Author:
Electronic Access:
https://www.elgaronline.com/view/book/9781035316472/9781035316472.xml