Commercial Law and Market Regulation

• Credit value: 30 credits at Level 7
• Convenor: Dr Guido Comparato
• Assessment: a 4000-word essay (100%)

In this module we focus on the relationship between commercial law, market regulation and society. We will address the evolution of commercial law placing it in its socio-economic and historical context from a comparative and international viewpoint. We will critically appraise the interaction between private autonomy and market regulation, the role of legal certainty and market efficiency in the regulation of private economic relationships, and the different theories of market regulation. You will gain a critical theoretical understanding of commercial law and of the role that it plays in our society.

Indicative syllabus

• Old and new lex mercatoria
• Private autonomy and public policy
• Legal certainty, economic efficiency and justice
• The regulation of national and international markets
• Theories of the firm and corporate entities
• Varieties of capitalism and the law
• Financial stability and sustainability
• Private power and competition
• Business ethics and corporate social responsibility
• The future of commercial law

By the end of this module, you will:

• understand and be able to assess key principles of commercial law and market regulation
• understand the socio-economic dimensions, both national and international, of commercial law
• be able to critically appraise the different approaches to the regulation of market relationships
• possess a solid theoretical framework to critically understand the specific commercial law topics which will be addressed in other modules.