Comparative Contract Law

Edited by Pier Giuseppe Monateri, Professor of Comparative Law, Department of Law, University of Turin, Italy

• Contents:IntroductionPART I CONTRACT LAW: THEORIES AND GENEALOGIES1. Theories of Contract LawBrian H. Bix2. In Defense of Roman Contract LawJames Gordley3. The Authoritarian Theory of ContractPier Giuseppe Monateri4. Contract and the Comparatist: Should We Think About Contract in Terms of ‘Contracticles’?Geoffrey Samuel5. Critical Comparative Contract LawGiovanni Marini6. Contract Law and RegulationGiuseppe BellantuonoPART II MARKET VALUES AND THEIR CRITIQUES. PRIVATE GOVERNANCE AND NORMATIVE REGULATIONS7. Enforcing Bilateral Promises: A Comparative Law and Economics Perspective Francesco Parisi, Marta Cenini and Barbara Luppi8. Spontaneous Order and Freedom of Contract Carlo Ludovico Cordasco9. “Party Autonomy” Horatia Muir Watt10. Who is the Contracting Party? A Trip Around the Transformation of the Legal SubjectMaria Rosaria Marella11. Freedom of Contract and Constitutional Values: Some Exceptional Cases from the Colombian Constitutional CourtPablo Moreno CruzPART III REPRESENTATIONS AND NARRATIVES12. The Unburiable Contract. Grant Gilmore’s Discontinuous Parabola and the Literary Construction of American Legal StyleCristina Costantini13. Queering the Contractual Paradigm between Law and Political TheoryFlavia Monceri14. Contracts in Literature: from Doctor Faustus to VampiresDaniela Carpi 15. Women and contracts in Angela Carter’s Postmodern Revision of the Fairy TaleSidia FioratoPART IV GLOBAL CONTEXT AND LOCAL FRAMES16. The Wrecking Ball. Good Faith, Preemption and US ExceptionalismPeter Goodrich17. Technological Contracts Massimiliano Granieri18. Contractual Interpretation: The South African Blend Of Common, Civil And Indigenous Law In Comparative PerspectiveAndrew Hutchison19. Promissory EstoppelPaolo Pardolesi20. Party Autonomy in Global Context: An International Laywer’s Take on the Political Economy of a Self-constituting Regime. Horatia Muir WattIndex

'This is a cracking collection of essays, emphasising that comparative law is not simply a matter of comparing jurisdictions, but of tracing history and crossing disciplines too. Comparative Contract Law has something for everybody; the legal theorist, the legal historian, the literary jurist, the international lawyer and the common law contract lawyer. Professor Monateri and his contributors have done the discipline of critical comparative law proud. An essential read for anyone interested in exploring the intellectual parameters of contract law, past and present.'--Ian Ward, Newcastle University, UK'Comparative Contract Law redefines approaches to comparative law by incorporating what might be called ''internal comparative law'', while also exploring transnational law, party autonomy, and the legal environment beyond states and their diverse legal systems. The book is also innovative given its inclusion of comparative studies in law and economics and law and literature, which shows that disciplines that are usually considered to be ''external'' to law are indeed relevant for the assessment and for the reform of law.'--Sebastian McEvoy, University of Paris Ouest Nanterre La Defense, France