Research Methods for Contract Law and Scholarship

Author: Yuliya Chernykh; Joshua Karton
Publisher: Edward Elgar Publishing
ISBN: 9781035316465
Published In: September 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This timely and comprehensive book reveals the multifaceted nature of modern contract law and practice. Providing a broad overview of research methods in contemporary contract law, it identifies the various modes of inquiry and argumentative techniques in this dynamic field.

Yuliya Chernykh and Joshua Karton bring together a range of specialists in contract law research to address old and new methodologies, as well as emerging topics in legal scholarship particularly suited to a combination of methodological approaches. Chapters focusing on doctrinal, comparative, philosophical, historical, economic, empirical, and experimental approaches are complemented by discussions of the research methods most apt for dealing with phenomena that challenge traditional conceptions of contract law: sustainability, digitalisation, consumer protection, Indigenous legal orders, and globalisation. Ultimately, the book eschews any predetermined agenda in favour of a particular theory, inviting researchers to reevaluate their modes of enquiry and reasoning. Readers will gain an appreciation for the broad variety of approaches to contract law scholarship, as well as their respective advantages and limitations, the kinds of questions each is best suited to answer, and the ways they can be combined to yield greater insights.

Research Methods for Contract Law and Scholarship is an essential tool for students and academics interested in legal research methods and commercial law. Its breadth of practical and theoretical approaches will also greatly benefit practising lawyers and policymakers.

Introduction: everything is interconnected – can we understand contracts from only one perspective? 1

Yuliya Chernykh and Joshua Karton

PART I INTERNAL PERSPECTIVES

Doctrinal methods in contract law in civil law jurisdictions 14

Osny da Silva Filho

Doctrinal methods in contract law in common law jurisdictions 37

Jeff Berryman

Comparative methods in contract law 64

Yuliya Chernykh and Mads Andenæs

Philosophical methods in contract law 90

Johan Vorland Wibye

PART II EXTERNAL PERSPECTIVES