Changing Concepts of Contract: Essays in Honour of Ian by David Campbell, Linda Mulcahy, Sally Wheeler

By David Campbell, Linda Mulcahy, Sally Wheeler

Changing options of Contract is a prestigious choice of essays that re-examines the extraordinary contributions of Ian Macneil to the learn of agreement legislations and contracting behaviour.

Ian Macneil, who taught at Cornell college, the college of Virginia and, latterly, at Northwestern college, was once the crucial architect of relational agreement conception, an technique that sought to direct consciousness to the context during which contracts are made. during this assortment, 9 top united kingdom agreement legislations students re-consider Macneil's paintings and look at his theories in gentle of recent social and technological conditions. In doing so, they demonstrate relational agreement conception to be a pertinent and insightful framework for the research and perform of the topic, person who provides a strong problem to the bounds of orthodox agreement legislation scholarship.

In tandem together with his educational existence, Ian Macneil was once additionally the forty sixth leader of the extended family Macneil. incorporated during this quantity is a Preface through his son Rory Macneil, the forty seventh leader, who displays at the impacts on his father's contemplating these studies open air academia.
The assortment additionally incorporates a Foreword through Stewart Macaulay, Malcolm Pitman Sharp Hilldale Professor Emeritus on the collage of Wisconsin-Madison, and an creation by means of Jay M Feinman, unique Professor of legislation at Rutgers university of Law.

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Extra resources for Changing Concepts of Contract: Essays in Honour of Ian Macneil

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However, in cyberspace, matters are quite different: Cyberspace radically undermines the relationship between legally significant (online) phenomena and physical location. The rise of the global computer network is destroying the link between geographical location and: (1) the power of local governments to assert control over online behavior; (2) the effects of online behavior on individuals or things; (3) the legitimacy of a local sovereign’s efforts to regulate global phenomena; and (4) the ability of physical location to give notice of which sets of rules apply.

There are three such registers as follows: 1 the moral register: here regulators signal that some act, x, categorically ought or ought not to be done relative to standards of right action (as 28 2 3 Changing Concepts of Contract in retributive articulations of the criminal law where the emphasis is on the moral nature of the offence); or the prudential register: here regulators signal that some act, x, ought or ought not to be done relative to the prudential interests of regulatees (as in deterrence-driven articulations of the criminal law where the emphasis is on the sanction that will be visited on offenders); or the register of practicability or possibility: here regulators signal that it is not reasonably practicable to do some act, x, or even that x simply cannot be done – in which case, regulatees reason, not that x ought not to be done, but that x cannot be done (either realistically or literally).

So far, we have been focusing on self-governing communities making their own laws; but what about the technological features? Post, drawing attention to the technological infrastructure that facilitates an online consumer purchase, explains the significance of the so-called Referrer field in the HTTP Protocol – this feature supports the business model of Google and many others by enabling website B to identify website A as the place from which a visitor has linked across to website B. Similar points can be made about many technical or design features of the online environment.

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