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Regulating Contracts$
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Hugh Collins

Print publication date: 2002

Print ISBN-13: 9780199258017

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199258017.001.0001

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The Capacity of Private Law

The Capacity of Private Law

(p.56) 4 The Capacity of Private Law
Regulating Contracts

Hugh Collins

Oxford University Press

This chapter explores the implications of analyzing private law as a regulatory technique. It analyzes the special strength of private law regulation of contracts compared to other styles of regulation in terms of its ‘reflexive’ capacity. It then examines the structural weakness of private law as a regulatory instrument. The chapter focuses on detecting how these weaknesses in the capacity of private law can be overcome, and how private law itself is evolving mechanisms that enable it to address these weaknesses.

Keywords:   private law, reflexive regulation, contracts, standard setting

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