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Research Methods for Contract Law and Scholarship [Kõva köide]

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  • Formaat: Hardback, 376 pages, kõrgus x laius: 234x156 mm
  • Sari: Elgar Studies in Legal Research Methods
  • Ilmumisaeg: 28-Sep-2025
  • Kirjastus: Edward Elgar Publishing Ltd
  • ISBN-10: 1035316463
  • ISBN-13: 9781035316465
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  • Formaat: Hardback, 376 pages, kõrgus x laius: 234x156 mm
  • Sari: Elgar Studies in Legal Research Methods
  • Ilmumisaeg: 28-Sep-2025
  • Kirjastus: Edward Elgar Publishing Ltd
  • ISBN-10: 1035316463
  • ISBN-13: 9781035316465
Teised raamatud teemal:
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.

Arvustused

This book gives a valuable insight into a variety of research methods that are available or emerging in the field of contract law. Showing how interdisciplinarity may address issues arising from the increasing complexity of society, the book is a precious contribution to contract law research. -- Giuditta Cordero-Moss, University of Oslo, Norway This is a timely collection of essays on the immensely important but oft-neglected area of research methodologies in comparative contract law and contract theory. In thirteen distinctive and compelling chapters, the editors and authors walk the reader through a kaleidoscope of perspectives on traditional and non-traditional contracts and contractual settings, offering something new to even the most seasoned contracts scholars and practitioners. -- Jean Ho, National University of Singapore Galvanized productively by the sea changes engendered by new technologies and contemporary media, this expansive and meticulously curated collection of essays by leading contract theorists and practitioners provides an invaluable guide to the research methodologies that will shape the next generation of scholarship. Kaleidoscopic, transnational, and rigorously interdisciplinary in approach, the editors have forged a dialogue of enduring value in relation to the software that is now increasingly capable of drafting and executing contracts. They also provide important focus upon the social and historical context of contemporary contracting techniques in their impact upon the environment, social relations, economic inequalities, indigenous communities and legal categories. Pitching the work at the level of methodologies of research not only opens up a new jurisprudential field but also lays the groundwork for a vitally needed political philosophy of contracting. -- Peter Goodrich, Cardozo School of Law, USA Research Methods for Contract Law and Scholarship is an ambitious and successful effort to explain the different research methodologies that can provide insight to the law of contractsdescriptive and normative, as well as doctrinal and theoretical. It also offers creative insights on how these independent methodologies should be thought of as a basket of tools that scholars can use in collaboration. The book should be required reading for young scholars researching contract law or any other topic of private law and regulation. -- Larry Alan Di Matteo, University of Florida, USA

Contents
Introduction: everything is interconnected can we understand
contracts from only one perspective? 1
Yuliya Chernykh and Joshua Karton
PART I INTERNAL PERSPECTIVES
1 Doctrinal methods in contract law in civil law jurisdictions 14
Osny da Silva Filho
2 Doctrinal methods in contract law in common law jurisdictions 37
Jeff Berryman
3 Comparative methods in contract law 64
Yuliya Chernykh and Mads Andenæs
4 Philosophical methods in contract law 90
Johan Vorland Wibye
PART II EXTERNAL PERSPECTIVES
5 Historical approaches to contract law 116
Victoria Barnes and Sally Wheeler
6 Empirical methods in contract law 136
Monika Leszczyska
7 Law and economics methods and techniques in contract law 158
Mitja Kovac
8 The experimental methods in contract law 184
Sergio Mittlaender
PART III CHALLENGING THEMES/PERSPECTIVES
9 Research methods for contracts and sustainability 210
Katerina Mitkidis
10 Research methods for contract law and technology 235
Pietro Ortolani
11 Research methods for 21st-century consumer contracts: new
wines, old bottles? 256
Ctlin-Gabriel Stnescu and Liviu Damsa
12 Research methods for contracts in Indigenous legal orders 288
Alan Hanna
13 Research methods for transnational contract law 317
Joshua Karton
Edited by Yuliya Chernykh, Full Professor of Law, University of Inland Norway, Norway and Joshua Karton, Full Professor and Associate Dean, Faculty of Law, Queens University, Canada