Hardback
Foundations of Public Contracts
A Comparative View
9781800880917 Edward Elgar Publishing
Foundations of Public Contracts undertakes an in-depth survey of the foundations of public contracts in three legal systems: American, French, and Brazilian. The comparison of these three systems highlights the legal phenomenon''s historical, philosophical, and social origins. The book transcends the functional commonalities to penetrate into how American, French, and Brazilian lawyers think about the essence of government contracts law, the phenomenon of exceptionalism; preferential treatment that public procurement law provides to the state in its contractual dealing with private entities. Comparative public law professors and students will find great value in this exploration of the material sources of public contracts, an area that has heretofore received little attention in legal academia.
More Information
Critical Acclaim
Contents
More Information
Foundations of Public Contracts undertakes an in-depth survey of the foundations of public contracts in three legal systems: American, French, and Brazilian. The comparison of these three systems highlights the legal phenomenon''s historical, philosophical, and social origins.
The book transcends the functional commonalities to penetrate into how American, French, and Brazilian lawyers think about the essence of government contracts law, the phenomenon of exceptionalism: preferential treatment that public procurement law provides to the state in its contractual dealing with private entities.
Comparative public law professors and students will find great value in this exploration of the material sources of public contracts, an area that has heretofore received little attention in legal academia.
The book transcends the functional commonalities to penetrate into how American, French, and Brazilian lawyers think about the essence of government contracts law, the phenomenon of exceptionalism: preferential treatment that public procurement law provides to the state in its contractual dealing with private entities.
Comparative public law professors and students will find great value in this exploration of the material sources of public contracts, an area that has heretofore received little attention in legal academia.
Critical Acclaim
‘I heartily recommend Jose Giacomuzzi’s compelling study, Foundations of Public Contracts. Professor Giacomuzzi has produced a penetrating work comparing the systems of public contract law in three nations: France, Brazil and the United States. He offers striking insights into the dynamics and foundations of these systems, and demonstrates the power of comparative law. He explores with discernment how the three states accomplish common state ends with differing tools. Bravo!’
– Joshua Ira Schwartz, George Washington University Law School, US
‘Comparative law requires knowledge of different national legal orders and to be successfully conducted depends also on historical knowledge. Comparisons should not be snapshots, but narratives. Giacomuzzi’s book is a remarkable and paradigmatic achievement in the field, both as a legal comparison and historical approach. Written with elegance and clarity, it deals with three different traditions in a field of great importance for lawyers and policy makers in our times.’
– José Reinaldo de Lima Lopes, Universidade de São Paulo, Brazil
– Joshua Ira Schwartz, George Washington University Law School, US
‘Comparative law requires knowledge of different national legal orders and to be successfully conducted depends also on historical knowledge. Comparisons should not be snapshots, but narratives. Giacomuzzi’s book is a remarkable and paradigmatic achievement in the field, both as a legal comparison and historical approach. Written with elegance and clarity, it deals with three different traditions in a field of great importance for lawyers and policy makers in our times.’
– José Reinaldo de Lima Lopes, Universidade de São Paulo, Brazil
Contents
Contents: 1. A comparative public law approach: setting the tone 2. Black letter rules and formal sources: an overview of exceptionalism 3. Public contracts’ mentalités and ideologies 4. The public law–private law dichotomy in the context of public contracts 5. Liability for sovereign acts: an overview 6. State responsibility in American public contract law 7. France and la responsabilité sans faute 8. Brazil: fato do Príncipe and teoria da Imprevisão 9. Termination for convenience of the government Conclusion to Foundations of Public Contracts References Index
