In the Blind Spot: The Hybridization of Contracting
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Gunther Teubner
What are the consequences of modernity for the institution of contracting? As the unity of the traditional contract is dissolved into a multiplicity of separate contracting worlds (economic transaction, legal promise, productive agreement), the binding force of contracting needs to be reformulated from an interpersonal to an interdiscursive relation. The central thesis of this Article is that the unity of contracting is hidden in the blind spot of the distinction between contracting worlds. Contracting needs two diametrically contradictory but complementary theories which cannot be integrated into a synthesis. As demonstrated with the example of the expertise contract, the subtle interplay of different contracting worlds depends basically on a fragile symmetry of chances of translation. The normative correlate of contract understood as translation between different worlds of meaning would be an extension of constitutional rights into the context of private governance regimes.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Artikel in diesem Heft
- Article
- Introduction
- Constitutionalism as Mindset: Reflections on Kantian Themes About International Law and Globalization
- Aristotle on Constitutionalism and the Rule of Law
- In the Blind Spot: The Hybridization of Contracting
- The Shuffle of Things: Law and Knowledge in "Modern Society"
- Democratic Legitimacy and the Scientific Foundation of Modern Law
- The Two-State Solution: Providence and Catastrophe
- "What Are the Gods to Us Now?": Secular Theology and the Modernity of Law
- Transformations of Kinship and the Acceleration of History Thesis
- Animal Laws and the Politics of Life: Slaughterhouse Regulation in Germany, 1870-1917
- The Critical Modernism of Hannah Arendt
- Modern Times: Law, Temporality and Happiness in Hobbes, Locke and Bentham
- Time and Law
Artikel in diesem Heft
- Article
- Introduction
- Constitutionalism as Mindset: Reflections on Kantian Themes About International Law and Globalization
- Aristotle on Constitutionalism and the Rule of Law
- In the Blind Spot: The Hybridization of Contracting
- The Shuffle of Things: Law and Knowledge in "Modern Society"
- Democratic Legitimacy and the Scientific Foundation of Modern Law
- The Two-State Solution: Providence and Catastrophe
- "What Are the Gods to Us Now?": Secular Theology and the Modernity of Law
- Transformations of Kinship and the Acceleration of History Thesis
- Animal Laws and the Politics of Life: Slaughterhouse Regulation in Germany, 1870-1917
- The Critical Modernism of Hannah Arendt
- Modern Times: Law, Temporality and Happiness in Hobbes, Locke and Bentham
- Time and Law
