Rough Consensus and Running Code: A Theory of Transnational Private Law (Hart Monographs in Transnational and International Law) - Hardcover

Calliess, Gralf-Peter; Zumbansen, Peer

Hardcover

ISBN 10: 1841139742 ISBN 13: 9781841139746

Publisher: Hart Publishing, 2010

Synopsis

Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation.

Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.

About this title

About the Author

Gralf-Peter Calliess (LLB, PhD Göttingen, Habilitation Frankfurt) holds the Chair in Private Law, Comparative and International Economic Law, University of Bremen Faculty of Law. Professor Calliess is Director of the A4 Project ('New Forms of Legal Certainty in Globalized Exchange Processes') at the Collaborative Research Centre 'Transformations of the State'.

Peer Zumbansen (Lic dr Paris; LLB., PhD law, Habilitation Frankfurt/Main; LLM Harvard,) holds the Canada Research Chair in Transnational Economic Governance and Legal Theory at Osgoode Hall Law School of York University, Toronto. Professor Zumbansen is the founder and director of the Critical Research Laboratory in Law & Society (www.criticalresearchlab.org) and co-founder/editor-in-chief of the German Law Journal (with Russell Miller, www.germanlawjournal.com).

Edition details

• Publisher: Hart Publishing
• Publication date: 2010
• Language: English
• ISBN 10: 1841139742
• ISBN 13: 9781841139746
• Binding: Hardcover
• Number of pages: 382