Contracts as communication

Niels Åkerstrøm Andersen

in Partnerships

Published by Policy Press

Published in print January 2008 | ISBN: 9781847420268
Published online March 2012 | e-ISBN: 9781447302926 | DOI:
Contracts as communication

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Contracts represent a specific form of communication. They are not established primarily between individuals but between systems of communication. This chapter presents a form analysis of contracts and provides the basis for the analysis of the specific partnership form of contracts. The analysis is based primarily on the works of Niklas Luhmann and Gunther Teubner, and is also inspired by Jacques Derrida. The chapter also provides a presentation of how contracts are observable as a form of communication in a systems-theoretical sense. It discusses contracts as a form of communication representing the unity of the differences of obligation and freedom, contract as structural coupling, contract and functional differentiation, and the relationship between contract and society.

Keywords: contract; communication; analysis; partnership; society; obligation; freedom; coupling; functional differentiation

Chapter.  5065 words.  Illustrated.

Subjects: Organizations

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