{"title":"合同的法律地理学:合同的订立、实质和执行方法","authors":"Christopher Morris","doi":"10.1111/gec3.70001","DOIUrl":null,"url":null,"abstract":"<div>\n \n <p>The legal technology of the contract has infiltrated modern society throughout public and private realms of law: from imaginaries and practices of citizenship, to commercial and governmental practicality. Contracts, in one form or another, underpin societal interactions across time and space as they are embedded within, and construct, networks of connections that not only regulate behaviours through immediate rights and obligations, but also reflect and produce broader social, political and economic regimes of power. Contracts also make, and unmake, places through regulation of access or exclusion, control and use in accordance with private agreements. Yet express scrutiny of contracts in geographical inquiry is scarce: geographers lack an established, contract-focused methodology. This paper proposes a blueprint for an analytical research method that focuses on three elements of contractual relationships: formation, substance and enforcement. It will argue that concentrating analysis on these aspects of contractual relationships can generate understanding of how contracts reflect and shape power dynamics across society. This analytical framework aims to encourage and facilitate collaboration between scholars and practitioners to develop knowledge that can expose and address spatial injustice.</p>\n </div>","PeriodicalId":51411,"journal":{"name":"Geography Compass","volume":"18 11","pages":""},"PeriodicalIF":3.1000,"publicationDate":"2024-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Legal Geographies of Contracts: A Method on Formation, Substance and Enforcement\",\"authors\":\"Christopher Morris\",\"doi\":\"10.1111/gec3.70001\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div>\\n \\n <p>The legal technology of the contract has infiltrated modern society throughout public and private realms of law: from imaginaries and practices of citizenship, to commercial and governmental practicality. Contracts, in one form or another, underpin societal interactions across time and space as they are embedded within, and construct, networks of connections that not only regulate behaviours through immediate rights and obligations, but also reflect and produce broader social, political and economic regimes of power. Contracts also make, and unmake, places through regulation of access or exclusion, control and use in accordance with private agreements. Yet express scrutiny of contracts in geographical inquiry is scarce: geographers lack an established, contract-focused methodology. This paper proposes a blueprint for an analytical research method that focuses on three elements of contractual relationships: formation, substance and enforcement. It will argue that concentrating analysis on these aspects of contractual relationships can generate understanding of how contracts reflect and shape power dynamics across society. This analytical framework aims to encourage and facilitate collaboration between scholars and practitioners to develop knowledge that can expose and address spatial injustice.</p>\\n </div>\",\"PeriodicalId\":51411,\"journal\":{\"name\":\"Geography Compass\",\"volume\":\"18 11\",\"pages\":\"\"},\"PeriodicalIF\":3.1000,\"publicationDate\":\"2024-11-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Geography Compass\",\"FirstCategoryId\":\"89\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/gec3.70001\",\"RegionNum\":1,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"GEOGRAPHY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Geography Compass","FirstCategoryId":"89","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/gec3.70001","RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"GEOGRAPHY","Score":null,"Total":0}
The Legal Geographies of Contracts: A Method on Formation, Substance and Enforcement
The legal technology of the contract has infiltrated modern society throughout public and private realms of law: from imaginaries and practices of citizenship, to commercial and governmental practicality. Contracts, in one form or another, underpin societal interactions across time and space as they are embedded within, and construct, networks of connections that not only regulate behaviours through immediate rights and obligations, but also reflect and produce broader social, political and economic regimes of power. Contracts also make, and unmake, places through regulation of access or exclusion, control and use in accordance with private agreements. Yet express scrutiny of contracts in geographical inquiry is scarce: geographers lack an established, contract-focused methodology. This paper proposes a blueprint for an analytical research method that focuses on three elements of contractual relationships: formation, substance and enforcement. It will argue that concentrating analysis on these aspects of contractual relationships can generate understanding of how contracts reflect and shape power dynamics across society. This analytical framework aims to encourage and facilitate collaboration between scholars and practitioners to develop knowledge that can expose and address spatial injustice.
期刊介绍:
Unique in its range, Geography Compass is an online-only journal publishing original, peer-reviewed surveys of current research from across the entire discipline. Geography Compass publishes state-of-the-art reviews, supported by a comprehensive bibliography and accessible to an international readership. Geography Compass is aimed at senior undergraduates, postgraduates and academics, and will provide a unique reference tool for researching essays, preparing lectures, writing a research proposal, or just keeping up with new developments in a specific area of interest.