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Edward Elgar Publishing eBooks· 2023· Book chapter

Law in books and law in action

Larry A. DiMatteo

Short summary

This chapter argues that contract law lags behind real-world developments, using consumer contracts as an example and exploring how private legal systems and smart contracts represent 'escaping' formal law.

AI-generated from the title and abstract; the full text is not read.

Key points

  • Contract law often lags behind real-world developments, especially in consumer contexts.
  • A distinction exists between 'law in books' (formal rules) and 'law in action' (applied rules).
  • Private legal systems and smart contracts are examples of 'escaping' formal contract law.
  • The chapter explores convergence of contract law across legal systems and international sales law.

AI-generated from the title and abstract; the full text is not read.

Abstract

This chapter discusses the nature of the lag between contract law and the real world developments and looks as consumer contract law as an example. It then discusses the longstanding idea of the difference between law in the books (formal or blackletter law) and law in action (law as applied or operative rules). It also discusses the role of contract law in society and examines law as a “shadow” and the escaping from contract law. Examples of escaping are private legal systems and smart contracts. It further examines convergence of contract law across legal systems and the development of international sales law. The final topics explored include the role of contract scholarship, essence of contracts, and relational contracts.

The authors' abstract, as published at the source. Edward Elgar Publishing eBooks, 2023 · DOI ↗

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Field: Law

LawSocial Sciences