Chapter

Contracts and relationality

Niels Åkerstrøm Andersen

in Partnerships

Published by Policy Press

Published in print January 2008 | ISBN: 9781847420268
Published online March 2012 | e-ISBN: 9781447302926 | DOI: http://dx.doi.org/10.1332/policypress/9781847420268.003.0005
Contracts and relationality

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This chapter provides a semantic analysis of contract semantics in legal theory. It discusses whether and how legal-contract theory forms concepts that can be considered to be equivalent to the partnership concept and to collaborations involving many function systems. The chapter highlights three ‘clusters’ of theory. The first is Ian R. Macneil’s theory about relational contracts. Macneil describes the impact of communication on contract formation. The second is Stewart Macaulay’s, which opens up a kind of perspectivism in the understanding of the specific life and interpretation of contracts. The third is the discussion of reflexive elements in contracts, which finds inspiration in the writings of both Macneil and Macaulay, and which has reference to a more normative discussion of welfare law and to Gunther Teubner’s systems theory about reflexive law. It finds new solutions to contemporary contractual problems but is reluctant to endorse a more fundamental change in the understanding of contracts.

Keywords: semantics; contract; partnership concept; communication

Chapter.  5920 words.  Illustrated.

Subjects: Organizations

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