Rough Consensus and Running Code - A Theory of Transnational Private Law (Paperback)

Private law has long been the focus of efforts to explain wider developments of law in an era of globalization. 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 conceptualize 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. Now available in paperback, Rough Consensus and Running Code describes and analyzes 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. (Series: Hart Monograph in Transnational and International Law)