<abstract xmlns="http://www.w3.org/1999/xhtml"><p>Fairness and empowerment are aspirational concepts in law. The scientific and professional legal community has not convened on their substance and the ways they can be achieved. Therefore, there is an inherent risk that the values they entail become lip services that lack determination and reliability. This section addresses the problem revisiting and expanding the Taxonomy of Legal Usability and User Experience Factors, one of the first attempts to synthetize parametric standards for transaction design. The paper adds factors and criteria that operationalise procedural legitimacy principles for transacting that increase the proactive capacities of contracting activities to prevent and/or resolve disputes. It speaks of transactions as the smallest constitutive units of all exchange relations that allow upgrades, assuming that planning, negotiating and managing contracts, as well as other legally relevant products, services, interactions, processes and systems, will benefit from an integrated epistemological perspective and its institutionalization.</p></abstract>

Fairness and empowerment are aspirational concepts in law. The scientific and professional legal community has not convened on their substance and the ways they can be achieved. Therefore, there is an inherent risk that the values they entail become lip services that lack determination and reliability. This section addresses the problem revisiting and expanding the Taxonomy of Legal Usability and User Experience Factors, one of the first attempts to synthetize parametric standards for transaction design. The paper adds factors and criteria that operationalise procedural legitimacy principles for transacting that increase the proactive capacities of contracting activities to prevent and/or resolve disputes. It speaks of transactions as the smallest constitutive units of all exchange relations that allow upgrades, assuming that planning, negotiating and managing contracts, as well as other legally relevant products, services, interactions, processes and systems, will benefit from an integrated epistemological perspective and its institutionalization.

Transaction design standards for the operationalisation of fairness and empowerment in proactive contracting

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Fairness and empowerment are aspirational concepts in law. The scientific and professional legal community has not convened on their substance and the ways...

Transaction design standards for the operationalisation of fairness and empowerment in proactive contracting

Publié en ligne: 14 oct. 2020

Pages: 180 - 200

DOI: https://doi.org/10.2478/iclr-2020-0008

Mots clés
transaction design, legal usability factors, procedural fairness, legitimacy parameters, legal design standards, dispute resolution

© 2020 Maria Claudia Solarte-Vasquez et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Transaction design standards for the operationalisation of fairness and empowerment in proactive contracting

Publié en ligne: 14 oct. 2020

Pages: 180 - 200

DOI: https://doi.org/10.2478/iclr-2020-0008

Mots cléstransaction design, legal usability factors, procedural fairness, legitimacy parameters, legal design standards, dispute resolution

© 2020 Maria Claudia Solarte-Vasquez et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
transaction design, legal usability factors, procedural fairness, legitimacy parameters, legal design standards, dispute resolution