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The Social Science of Contracting

In: Contracting in the New Economy

Author

Listed:
  • David Frydlinger

    (Cirio Law Firm)

  • Kate Vitasek

    (University of Tennessee at Knoxville)

  • Jim Bergman

    (Commercial Officers Group, Inc)

  • Tim Cummins

    (World Commerce & Contracting)

Abstract

In this chapter, the Social Science of Contracting is given thorough and deserved attention. Stewart Macaulay astutely observed that in business, the commercial activities are carried out in a social context. While the written contract and legal guidance matters, social norms often matter much more. While Macaulay’s research sparked the conversation, the original thinking behind the importance of social norms in contracting can be traced back to Emile Durkheim, one of the founding fathers of sociology. Durkheim’s research, as well as that of many other scholars, is explored. A vital aspect of the relational contract is, as we will see, to deliberately leverage these social norms to the benefit of both parties, not least by lowering friction between the parties. Contracting professionals need a solid understanding of the social side of contracts and the role of social norms in all commercial relationships, and this chapter enables that understanding.

Suggested Citation

  • David Frydlinger & Kate Vitasek & Jim Bergman & Tim Cummins, 2021. "The Social Science of Contracting," Springer Books, in: Contracting in the New Economy, edition 1, chapter 0, pages 45-54, Springer.
  • Handle: RePEc:spr:sprchp:978-3-030-65099-5_4
    DOI: 10.1007/978-3-030-65099-5_4
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