‘The New Institutionalism in Contract Scholarship’

Matthew Jennejohn, The Private Order of Innovation Networks, 68 Stanford Law Review 281 (2016), available at SSRN. Relational contract scholarship is at a pivot point. On the one hand, the relationalist revival that has dominated contracts scholarship for almost half a century may be on the wane. Relational contract scholarship has evolved during this period into separate, and often dueling, intellectual traditions. One camp consists of scholars who are typically associated with the ‘law and economics’ movement; in the other camp are scholars who more readily identify with the ‘law and society’ tradition. While relationalists have been quarreling with each other, a younger cohort of law and economics scholars, armed with impressive technical skills, have abandoned relational questions in favor of projects that are capable of being analyzed through formal models or sophisticated empirical techniques … (more)

[Robert Scott, JOTWELL, 21 March]

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