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Contract Life : = A Rhetoric on Law, Tech and Power in Everyday Consumer, Work and User Agreements.

Record Type:	Electronic resources : Monograph/item
Title/Author:	Contract Life :/
Reminder of title:	A Rhetoric on Law, Tech and Power in Everyday Consumer, Work and User Agreements.
Author:	Enman-Beech, John Norman.
Description:	1 online resource (273 pages)
Notes:	Source: Dissertations Abstracts International, Volume: 85-01, Section: A.
Contained By:	Dissertations Abstracts International85-01A.
Subject:	Law. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=30250034click for full text (PQDT)
ISBN:	9798379763183

Contract Life : = A Rhetoric on Law, Tech and Power in Everyday Consumer, Work and User Agreements.
Enman-Beech, John Norman.

Contract Life :A Rhetoric on Law, Tech and Power in Everyday Consumer, Work and User Agreements. - 1 online resource (273 pages)

Source: Dissertations Abstracts International, Volume: 85-01, Section: A.

Thesis (S.J.D.)--University of Toronto (Canada), 2023.

Includes bibliographical references

Contract has come to structure everyday life. It does this rhetorically, through a set of concepts, narratives, and rhetorical resources that pervade both contract law and contract practice. This dissertation begins by introducing a rhetorical approach to contract law and contract practice, focussing on the concepts of contractual choice and contractual fairness that run through both. I then explore the mechanisms through which contract uses these concepts to give words particular forms of power, through three chapters. First, I elaborate the forms of rhetorical power that contract constructs, both bargaining power and a broader conventionalizing power that tends to reproduce existing structures of relations. Through this power, contract can turn moments of choice into moments of resignation. Second, I consider areas of law that have been designed to contest contractual power: consumer and work law. Through a close reading of the discursive ecosystems that constitute these areas of law, I argue that they have also been structured by contract to a substantial extent, curtailing their ability to limit contractual power. Third, I consider the material context in which contract rhetoric operates, the shifting terrain of new tech. Contract practices, including the making and distribution of offers, performance, and enforcement, are increasingly digitized and automated. For better and worse, new tech spreads contract power further, leaving no part of the everyday untouched. Implications for digital markets policy and contract doctrine are considered. I close by suggesting that contract's rhetorical potency is what has allowed it to grow and spread through discursive domains, with a glimpse at the utopic and dystopic futures suggested by contract life.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2023

Mode of access: World Wide Web

ISBN: 9798379763183Subjects--Topical Terms:

600858
Law.
Subjects--Index Terms:

Consumer protectionIndex Terms--Genre/Form:

542853
Electronic books.

Contract Life : = A Rhetoric on Law, Tech and Power in Everyday Consumer, Work and User Agreements.
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500 $a Advisor: Radin, Margaret Jane;Hadfield, Gillian.
502 $a Thesis (S.J.D.)--University of Toronto (Canada), 2023.
504 $a Includes bibliographical references
520 $a Contract has come to structure everyday life. It does this rhetorically, through a set of concepts, narratives, and rhetorical resources that pervade both contract law and contract practice. This dissertation begins by introducing a rhetorical approach to contract law and contract practice, focussing on the concepts of contractual choice and contractual fairness that run through both. I then explore the mechanisms through which contract uses these concepts to give words particular forms of power, through three chapters. First, I elaborate the forms of rhetorical power that contract constructs, both bargaining power and a broader conventionalizing power that tends to reproduce existing structures of relations. Through this power, contract can turn moments of choice into moments of resignation. Second, I consider areas of law that have been designed to contest contractual power: consumer and work law. Through a close reading of the discursive ecosystems that constitute these areas of law, I argue that they have also been structured by contract to a substantial extent, curtailing their ability to limit contractual power. Third, I consider the material context in which contract rhetoric operates, the shifting terrain of new tech. Contract practices, including the making and distribution of offers, performance, and enforcement, are increasingly digitized and automated. For better and worse, new tech spreads contract power further, leaving no part of the everyday untouched. Implications for digital markets policy and contract doctrine are considered. I close by suggesting that contract's rhetorical potency is what has allowed it to grow and spread through discursive domains, with a glimpse at the utopic and dystopic futures suggested by contract life.
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650 4 $a Rhetoric. $3 516647
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653 $a Contract
653 $a Employment and labour law
653 $a Law and technology
653 $a Power
653 $a Rhetoric
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690 $a 0681
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