• Part 1: Introduction


• 1: The Tasks for Regulating Contracts


• 2: The Meaning of Contract:- How Contract Thinks About Association; Contractualization of Social Life; Meaning of Contractual Relations; Embeddedness


• Part 2: The New Regulation


• 3: The Discourses of Legal Regulation:- Normative Complexity; Self-reference and Closure; The Doctrinal Classification System; The Collision of Private Law with Public Regulation; The Productive Disintegration of Private Law


• 4: The Capacity of Private Law:- Private Law as Regulation; Reflexive Regulation; Standard Setting; Monitoring and Enforcement; Conclusion


• Part 3: Regulation in the Construction of Markets


• 5: The Construction of Markets:- Trust and Sanctions; Markets Without a State; The Construction of Trust; The Construction of Non-legal Sanctions; The Significance of Legal Sanctions; The Adjudication Process; Conclusion


• 6: Rationality of Contractual Behaviour:- Three Frameworks of Contractual Behaviour; The Non-Use of Contracts; Relational and Discrete Contracts; Reasonable Expectations


• 7: Planning and Co-operation:- Lawyers as Engineers; Informality in Business Dealings; Incompleteness in Planning Documents; Risk; Insufficient Specificity of Self-regulation; Flexibility; Conclusion


• 8: Formalism and Efficiency:- The Form of Legal Doctrine; Closure and Expectation; Commercial Arbitration; Reasoning in the Common Law; The Virus of Formalism; A Transformation in Legal Doctrine?


• 9: Contract as Thing:- Money; Formality; Legal Pluralism; Futures Contracts; Club Markets; Self-regulating Associations


• Part 4: Distributive Tasks of Regulation


• 10: Power and Governance:- Mass Contracts; Principal and Agent; Contract and Organisation; Conclusion


• 11: Unfair Contracts:- The Illusion of Unfairness; Open Texture Rules; Regulatory Backfiring; The Adequacy of Regulating Market Failure; Conclusion


• 12: Quality:- Efficient Level of Quality; Form of Standards; Monitoring and Enforcement; Conclusion


• 13: Government by Contract:- Public Services and the Market Mechanism; The Problem of Co-operation; The Problem of Quality; Quasi-Contract in Government; Conclusion


• 14: Dispute Settlement:- The Taste for Litigation; Vindication of Contractual Rights; Access to Justice; For Settlement


• 15: Conclusion


• Bibliography


• Table of Cases


• Table of Statutes


• Index