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Table of legislation

A Handbook on New Methods of Law Making in Private Law

Edited by Roger Brownsword, Rob A.J. van Gestel and Hans-W. Micklitz

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Table of cases

A Handbook on New Methods of Law Making in Private Law

Edited by Roger Brownsword, Rob A.J. van Gestel and Hans-W. Micklitz

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Edited by Mellani Day, Mary C. Boardman and Norris F. Krueger

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Introduction – contract and regulation: changing paradigms

A Handbook on New Methods of Law Making in Private Law

Roger Brownsword, Rob A. J. van Gestel and Hans-W. Micklitz

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Mellani Day, Mary C. Boardman and Norris F. Krueger

The introduction to this handbook presents an overview of issues that will be introduced in the rest of the chapters with respect to the nascent field of neuroentrepreneurship. Entrepreneurship researchers have begun to investigate brain-based research methods; however, hurdles such as a lack of familiarity with and training in neuroscience research design and implementation, along with interpretation of reactions in the brain to stimuli in laboratory experiments, has prevented any wide-scale adoption of these methods. Initial questions that neuroscientists wrestle with, and that those who would focus on brain-based research should consider, such as philosophical stance on brain versus mind and causation, are addressed.

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Marie-Claire Menting

Industry codes of conduct increasingly play a role in regulating B2B and B2C relationships and have, as such, become part of the contractual regulatory space. Nonetheless, the relationship between these codes and contract law as the traditional way of regulating private relationships still remains opaque. This chapter sheds some light on the relation between industry codes and contract law by addressing one of the questions that the regulatory role of these codes raises: is there a need for a framework for industry codes in contract law? Building on an analysis of the practice of industry codes, their interaction with the traditional foundations of contract law and a number of Dutch contract law cases involving industry codes, it is argued that contract law itself already includes leads to overcome the conceptual challenges that industry codes pose and to give further shape to the relationship between these codes and contract law. Keywords: industry codes of conduct, foundations of contract law, regulation, B2B and B2C relationships

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Edited by Mellani Day, Mary C. Boardman and Norris F. Krueger

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Peter Newman

Understanding how cities are shaped by transport priorities through urban fabric theory creates a new and more sustainable approach to the planning and assessment process in transport and town planning. Four tools are developed in this chapter from the theory: (1) a strategic framework that includes the kind of urban fabric within which any project is located; (2) benefit-cost ratios that incorporate wider economic benefits, especially agglomeration economies in each fabric; (3) avoidable costs which assess lost opportunities from the kind of urban development facilitated by the infrastructure chosen; and (4) value capture and value creation opportunities that can help finance the infrastructure if they are used to create walking and transit urban fabric.

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Bengt Lindell

The Swedish Academy Glossary (SAOL) does not list a definition for the term ‘overall assessment’. However, the term ‘overall assessment’ refers to a number of factors, aspects or perspectives that are brought together into a comprehensive assessment, an overall assessment. In this book, the word has a more specific meaning. An overall assessment means that a choice must be made between several possible decision options using certain criteria in order to achieve one or more objectives. This definition addresses both the meaning and the purpose of an overall assessment. Virtually everyone makes overall assessments on a daily basis. This might involve big, important things like purchasing a home: What is our price range? What city/neighbourhood? Running costs (taxes, maintenance, utilities)? Proximity to daycare, school and work? Renovation needs? And so on. Or the assessment might involve where the family should go on holiday. There are a few options (e.g., Spain, Bulgaria or Italy) and a number of selection criteria such as cost, climate and how child-friendly it is. Another example is buying a new car, which will be explored in detail later on. Even in such cases, there are several different options to consider when evaluating the different car models, which have different prices, different environmental performance, different collision safety and comfort levels, and so on.

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Bård A. Andreassen, Hans-Otto Sano and Siobhán McInerney-Lankford