Principles of Company Law and Commercial Law (Photocopy Edition)

Author: (English) Kraus, (English) Walt (editors)
Publisher:
Publishing Date: 2003-11-01
Features: This collection gathers new works from some of the most distinguished scholars in the field of commercial law theory. These papers are dedicated to exploring the foundations of efficiency analysis, which is a dominant theoretical premise in contemporary academic research on corporate and commercial law. The issues addressed in this book include: What are the historical roots of efficiency analysis in contract law, sales law, and corporate law? Are moral theories irrelevant to efficiency analysis in these fields? If moral theories are relevant, can morality and efficiency be reconciled? Moreover, even if efficiency as a normative goal is reasonable in corporate and commercial law, can its implementation in adjudication be practical due to its complexity? What role should custom play in contract interpretation? Do efficiency considerations prefer literal interpretation methods or mixed interpretation methods in contract interpretation? What is the best way to pursue efficiency in corporate and commercial law? This book reflects the most exciting work in contemporary legal theory research. It will be of great interest to experts and scholars in the fields of law and legal philosophy. Jody S. Kraus is a law professor and the "E. James Kelly, Jr. Research" law professor at the University of Virginia School of Law. He is the author of The Limits of Hobbes's Contract Theory (1994). Steven D. Walt is a law professor and the "Nicholas E. Chimicles Research" professor of commercial law at the University of Virginia School of Law. He is the author of Sales Law: Domestic and International (co-authored with Clayton P. Gillette).