Skip Navigation

Industrial Law Journal 2000 29(4):321-346; doi:10.1093/ilj/29.4.321
© 2000 by Industrial Law Society
This Article
Right arrow Full Text (PDF)
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Alert me to new issues of the journal
Right arrow Add to My Personal Archive
Right arrow Download to citation manager
Right arrowRequest Permissions
Google Scholar
Right arrow Articles by Supiot, A
Right arrow Search for Related Content
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

The dogmatic foundations of the market (comments illustrated by some examples from labour law and social security law)

A Supiot

University of Nantes, Nantes, France

This paper analyses the legal foundations of a market order in which informal contracting plays the central role. It charts the development of a 'contract culture' across the global economy and the dominance of contract as the appropriate way of analysing relationships in society. It then turns to examine the legal pre-conditions for an effective law of contract, in particular recognition of the legal force of informal promises. The author traces the development of this notion from Roman law, which never accepted it, through mediaeval canon law which did, to the role of the state in modern societies as the guarantor of promises. Finally, the article examines the tensions to which globalisation has subjected the state guarantee in modern times and analyses the hybrid forms which have resulted from the use of contract to govern relations previously wholly subject to public rather than private ordering.


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer:
Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.