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Brownsword, Roger; van Gestel, Rob A. J.; Micklitz, Hans-W. --- "Introduction – contract and regulation: changing paradigms" [2017] ELECD 1188; in Brownsword, Roger; van Gestel, A.J. Rob; Micklitz, Hans-W. (eds), "Contract and Regulation" (Edward Elgar Publishing, 2017) 1

Book Title: Contract and Regulation

Editor(s): Brownsword, Roger; van Gestel, A.J. Rob; Micklitz, Hans-W.

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784710651

Section Title: Introduction – contract and regulation: changing paradigms

Author(s): Brownsword, Roger; van Gestel, Rob A. J.; Micklitz, Hans-W.

Number of pages: 36

Extract:

Introduction ­ contract and regulation:
changing paradigms
Roger Brownsword, Rob A.J. van Gestel and
Hans-W. Micklitz*



1. REGULATORY PRIVATE LAW
The purpose of this Research Handbook is not to expound the law of
contract or to debate nice doctrinal points that arise within that body of
law. Rather, this Handbook is provoked by a number of questions arising
from, first, public regulatory projects that seemingly rework and repur-
pose the (private) law of contract and, secondly, the extensive private
regulation of both transactors and transactions. With regard to the latter,
we need to understand more about the ways in which business com-
munities organise and order their transactions in the shadow of the law of
contract but also we need to pay critical attention to the use of
contracting power by multinational corporations who can rival nation
states in setting the terms of production and trade for their suppliers.
With regard to the former, we need to reflect on the co-opting of private
law in the service of public purposes and, in particular, the development
of a regulatory mindset that views the law of contract as a tool to be
shaped and applied for such purposes.
To the extent that commentaries on the law of contract ignore these
questions, they neglect the actuality of transactional practices with which
the law is intended to engage; they neglect the norms that actually guide
contractors; they neglect the regulatory role played by some contractors;
and they neglect the changing role that ...