1. Pashukanis, EB‘Economics and legal regulation’ in Pashukanis, EB Selected Writings on Marxism and Law (London: Academic Press, 1980) p 237.Google Scholar

2. Unattributed page references in parentheses are to the book under review.

3. Powell, WW, ‘Neither markets nor hierarchies: network forms of organisation’ (1990) 12 Research in Org Behav 295.Google Scholar

4. Collins provides a list of the principal works in English (2 n 2).

5. Hereinafter NCC.

6. I must point out that I have contributed to this series.

7. Amstutz, M and Teubner, G (eds)Networks: Legal Issues of Multilateral Co-operation (Oxford: Hart, 2010).Google Scholar

8. Teubner, G‘ Coincidentia oppositorum: hybrid networks beyond contract and organisation’ in Amstutz, and Teubner, (eds), above n 8.Google Scholar

9. Of which Collins, H Regulating Contracts (Oxford: Oxford University Press, 1999)Google Scholar is the most important. Collins gave a highly interesting paper at Fribourg, :‘The weakest link: legal implications of the network architecture of supply chains’ in Amstutz, and Teubner, (eds), above n 8.Google Scholar Both it, and the comments on it by Mouzas, Stephan in Amstutz, and Teubner, (eds), above n 8,Google Scholar seem to me to be ambivalent about the possibility of welfare-enhancing general regulation of networks in a way that also is manifest in Collin's Introduction to NCC.

10. Buxbaum, RM ‘Is “network” a legal concept?’ (1993) 149 J Inst'l & Theoretical Econ 698, 704.Google Scholar

11. Teubner's Fribourg paper also starts with this reference to Buxbaum: Teubner, , above n 9, p 3.Google Scholar Evidently, the Fribourg conference was preoccupied with Buxbaum's question: G-P Calliess ‘Fitness clubs: consumer protection between contract and association’ in Amstutz and Teubner (eds), above n 8, p 243.

12. Teubner, G ‘Legal irritants: good faith in British law, or how unifying law ends up in new divergencies’ (1998) 61 Mod L Rev 11.CrossRefGoogle Scholar

13. Collins takes this line (22–23).

14. In a Fribourg paper that I found particularly interesting, Gralf-Peter Calliess, above n 12, examined the consumer regulation of fitness clubs.

15. I leave aside the relationship of this classification to the larger number of ‘specific risks of networks’ identified in ch 1 (100–111).

16. The problems set out in chs 4 and 5 are regarded, it seems perfectly legitimately, as third-party problems by Marina Wellenhofer and Manfred Wolf in their Fribourg papers: Wellenhoffer, M,‘Third party effects of bilateral contracts within the network’ in Amstutz, and Teubner, (eds), above n 8;Google Scholar Wolf, M,‘The protection of contractual networks against interference by third parties’ in Amstutz, and Teubner, (eds), above n 8.Google Scholar Wellenhofer, loc cit, 129, is of the opinion that ‘there is no need for a new innovative approach’. Wolf reaches the opposite conclusion.

17. Hereinafter BGB.

18. Available at (accessed 22 December 2012).

19. A long second part of this subsection has special provisions for conveyances of interests in land.

20. With Heerman, I am unsure whether it is possible ever to include end consumers in the network, or what Teubner's position exactly is on this. This statement of the proprium of connected contracts seems to exclude it, but it seems to be necessary if regulation in their interests is to be possible on the basis of identifying a network: Heermann, PW‘The status of multilateral synallagmas in the law of connected contracts’ in Amstutz, and Teubner, (eds), above n 8, p 110. The point is also taken by Collins (65).Google Scholar

21. Nooteboom, B,Inter-firm Alliances (London: Routledge, 1999);CrossRefGoogle Scholar Nooteboom, B,Inter-firm Collaboration, Learning and Networks (London: Routledge, 2004).Google Scholar

22. Daintith, T‘Mixed public–private networks as vehicles for regulatory policy’ in Amstutz, and Teubner, (eds), above n 8, 298–299.Google Scholar

23. Druey, JN‘The path to the law: the difficult legal access of networks’ in Amstutz, and Teubner, (eds), above n 8, 87, 94–95. Teubner himself puts forward some observations on ‘mixed contracts’ (131).Google Scholar

24. Unless my reading is faulty, coincidentia oppositorum does not appear in NCC itself but is the core of Teubner's Fribourg paper: Teubner, above n 9.

25. Druey, , above n 24, p 95.Google Scholar

26. Smith, A Wealth of Nations (Oxford: Clarendon Press, 1976) p 456.Google Scholar

27. Chandler, AD Jr The Visible Hand (Cambridge, MA, Belknap Press, 1977) pp 1–3.Google Scholar

28. Why, indeed, cannot both of these paradoxes be applied to both of these forms of organisation?

29. Teubner, G Law as an Autopoietic System (Oxford: Blackwell, 1993) ch 7.Google Scholar Collins himself describes the public company as a network on the basis of accepting the agency theory of the corporation (8–9), when that theory has no basis in empirical reality whatsoever: Campbell, D ‘The role of monitoring and morality in company law: a criticism of the direction of present regulation’ (1997) 7 Austl J Corp L 343.Google Scholar

30. Whitehead, AN Process and Reality (New York: Harper, 1929) p 17.Google Scholar

31. Teubner, , above n 9, 3.Google Scholar Teubner further restated his views in a paper identified by Collins (2 n 2), which is a chapter in a book that was unpublished at the time NCC appeared: Teubner, G‘Sociological jurisprudence – impossible but necessary: the case of networks’ in Gordon, RW and Horwitz, MJ (eds)Law, Society and History (Cambridge: Cambridge University Press, 2011).Google Scholar

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33. Marx, K Capital, vol 1 (Harmondsworth: Penguin, 1976) p 779.Google ScholarPubMed This passage is omitted from the Collected Works edition of volume one, which retains what Marx had put in the three previous German editions. This omission from the normally immensely exhaustive Collected Works is puzzling, especially as I cannot find this important passage anywhere else in the Collected Works. One fears that its omission was motivated by a superficial and unnecessary embarrassment about Engels' prediction not having come to pass.

34. Hilferding, R Finance Capital (London: Routledge and Kegan Paul, 1981) p 234.Google Scholar

35. Campbell, D‘The critique of bourgeois justice after the failure of Marxism’ in Kerner, A Přibáň, J and Young, J (eds)Current Legal Issues in the Czech Republic and the United Kingdom (Prague: Charles University Press, 2003) pp 18–23.Google Scholar

36. Coase, , above n 33, p 36.Google Scholar

37. Ibid, p 35.

38. Ibid, pp 35–36.

39. Barnard, C The Functions of the Executive (Cambridge, MA: Harvard University Press, 1953) ch 12.Google ScholarPubMed

40. Coase, , above n 33, p 36.Google Scholar

41. Ibid, p 38.

42. Campbell, D and Klaes, M ‘The principle of institutional direction: Coase's regulatory critique of intervention’ (2005) 29 Cambridge J Econ 263, 269.CrossRefGoogle Scholar

43. Williamson, OE The Economic Institutions of Capitalism (New York: Free Press, 1985).Google Scholar

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48. Robertson, DH and Dennison, S The Control of Industry (Cambridge: Cambridge University Press, new edn, 1960) p 9.Google ScholarPubMed Coase makes important reference to the 1928 edn of this work in ‘The nature of the firm’, above n 33, pp 34, 35.

49. Deakin, S‘The return of the guild? Network relations in historical perspective’ in Amstutz, and Teubner, (eds), above n 8, 53.Google Scholar

50. Kjaer, PK‘Post-Hegelian networks’ in Amstutz, and Teubner, (eds), above n 8, p 85.Google Scholar

51. Ibid.

52. In addition to Teubner himself, Abegg and Amstutz made valuable general statements of the network idea at the Fribourg conference: Abegg, A‘Regulation of hybrid networks at the intersection between governmental administration and economic self-organisation’ in Amstutz, and Teubner, (eds), above n 8;Google Scholar Amstutz, M‘The constitution of contractual networks’ in Amstutz, and Teubner, , above n 8.Google Scholar

53. I do not find Collins’ treatment of this (66), which seems to retreat into vagueness, convincing.

54. Schumpeter, JA Capitalism, Socialism and Democracy (London: George Allen and Unwin, 5th edn, 1979) p 83.Google Scholar

55. And so Collins can accept the empirical existence of a network but not think this is sufficient to justify regulation. In his Introduction, he can, then, state his (in itself surprising) belief that agency workers should benefit from the ‘normal consequences of employment law’ (62) whilst, in his Fribourg paper, also say that he did not think further legal intervention was needed in regard of supply chains: Collins, ‘The weakest link: legal implications of the network architecture of supply chains’, above n 10.Google Scholar

56. Daintith, , above n 23, p 301.Google Scholar

57. This quotation is taken from Abegg, 's paper: Abegg, above n 53, p 268.Google Scholar

58. Daintith, , above n 23, pp 307–308.Google Scholar

59. In her interesting Fribourg paper, Cordula Heldt tries to develop the network argument alongside the concept of spontaneous order: Heldt, C‘Internal relations and semi-spontaneous order: the case of franchising and construction contracts’ in Amstutz, and Teubner, (eds), above n 8. I am afraid I cannot agree with her interpretation of Hayek's view of the role of what she calls a ‘made order’ and its relationship to spontaneous order.Google Scholar

60. Campbell, and Klaes, , above n 43, pp 273–276.Google Scholar

61. Coase, , above n 33, p 37 n 14.Google Scholar

62. Collins cites two excellent, thought-provoking papers on this point. I would add that in arguably the most influential body of academic work on the subject, that of Stewart Macaulay, the point is also taken: Macaulay, S‘Long-term continuing relations: the American experience regulating dealerships and franchises’ in Joerges, C (ed)Franchising and the Law (Baden Baden: Nomos, 1991). Teubner refers to this paper (101 n 95).Google Scholar

63. Reinhard Böhber's Fribourg paper, whilst much more sympathetic to a position like Teubner's than I am, seems to me to authoritatively raise many important problems: Böhner, R‘Asset-sharing in franchise networks: the obligation to pass on network benefits’ in Amstutz, and Teubner, (eds), above n 8.Google Scholar

64. 133 NW 2d 267 (WI 1965).

65. Scott, R ‘ Hoffman v. Red Owl Stores and the limits of the legal method’ (2010) 61 Hastings LJ 859.Google Scholar

66. On the spelling of Hoffmann's name, see ibid, 861 n 5.

67. Four of the Fribourg papers selected for publication by Amstutz and Teubner closely examine the operation of the German Law, including the relevant provisions of the BGB: Heermann, , above n 21;Google Scholar Wellenhoffer, , above n 17;Google Scholar Heldt, , above n 60 andGoogle Scholar Böhner, , above n 64.Google Scholar

68. Teubner, G (ed)Autopoietic Law (Berlin: Walter de Gruyter, 1988).Google Scholar

69. Teubner, G (ed)State, Law and Economy as Autopoietic Systems (Milan: Guiffre, 1992).Google Scholar

70. Mead, GH Mind, Self and Society (Chicago, IL: University of Chicago Press, 1934) p 91.Google Scholar

71. Luhmann, N A Sociological Theory of Law (London: Routledge and Kegan Paul, 1985) pp 167–168.Google Scholar Luhmann gave a revised statement of the point in Luhmann, N Law as a Social System (Oxford: Oxford University Press, 2004) ch 11.Google Scholar

72. Luhmann, N The Differentiation of Society (New York: Columbia University Press, 1982) p 346.Google Scholar

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74. Ewald, F‘The law of law’ in Teubner, (ed), above n 69, p 36.Google Scholar

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80. Ibid, pp 473–487.

81. Perhaps what is fundamentally novel in Luhmann's conception of social systems is his abandonment of Parsons' input/output conception of those systems. It is not functionalism as such but any causal relationship with the environment that Luhmann rejects: Luhmann, Law as a Social System, above n 72, pp 382–383.Google Scholar

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86. Moran, M The British Regulatory State (Oxford: Oxford University Press, 2003) pp 171, 183.CrossRefGoogle Scholar

87. Luhmann, A Sociological Theory of Law, above n 72, p 282.Google Scholar

88. In the view of Matthias Klaes and myself, attempts to reduce global greenhouse gas emissions are inevitably bound to fail because of shortcomings in the international climate change negotiations that have followed the UN Framework Convention on Climate Change: Campbell, D, Klaes, M and Bignell, C ‘After Cancun: the impossibility of carbon trading’ (2010) 29  U Ql LJ 163.Google Scholar This has not prevented the burgeoning growth of national and international institutions committed to this impossible project; and, as we write, these institutions remain largely immune to the now unchallengeable evidence of the immense growth of emissions over the 20 years since the Framework Convention was opened for signature in 1992. Our initial understanding of this phenomenon was in terms of Luhmann's view on environmentalism, though we have been unable to give a sustained account of it in those terms.

89. Luhmann, N Political Theory in the Welfare State (Berlin: Walter de Gruyter, 1990) pp 216–217.Google Scholar

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91. Ibid, p 471.

92. There are, of course, other concepts that seek to capture something like Luhmann's point. Moran has a concept of ‘hyper-innovation’, which itself is very interesting but does not capture the reflexivity of Luhmann's hypercomplexity.

93. Luhmann, N Ecological Communication (Cambridge: Polity Press, 1989) p 74.Google Scholar

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96. Ibid.

97. Ibid.

98. Campbell, D ‘The limits of concept formation in legal science’ (2000) 9 Soc & Legal Stud 439, 442.CrossRefGoogle Scholar

99. My views have, in fact, been reinforced, because during those years I read Between Facts and Norms and found, I think, the point I sought to make made by Habermas: Habermas, J Between Facts and Norms (Cambridge: Polity Press, 1996) pp 51–56.Google Scholar I derive great confidence from the acknowledgement of my point by Michael King, whose work, often with Chris Thornhill, has been the leading account of Luhmann's theory of law in English: King, M‘What's the use of Luhmann's theory?’ in King, M and Thornhill, C (eds)Luhmann on Politics and Law (Oxford: Hart, 2006) p 42.Google Scholar

100. Teubner, G ‘How the law thinks: toward a constructivist epistemology of law’ (1989) 23 Law & Soc'y Rev 727, 736.CrossRefGoogle Scholar See further Teubner, G‘Dealing with paradoxes of law: Derrida, Luhmann, Wiethölter’ in Perez, O and Teubner, G (eds)Paradox and Inconsistencies in the Law (Oxford: Hart, 2005).Google Scholar

101. Teubner, G‘ Altera pars auditur: law in the collision of discourses’ in Rawlings, R (ed)Law, Society and Economy (Oxford, Clarendon Press, 1997) p 166.Google Scholar

102. Ibid, p 176.

103. Teubner, G‘The invisible cupola: from causal to collective attribution in ecological liability’ in Teubner, G, Farmer, L and Murphy, D (eds)Environmental Law and Ecological Responsibility (Chichester: Wiley, 1994).Google Scholar

104. Ibid, p 27.

105. Selznick, P‘Self-regulation and the theory of institutions’ in Teubner, et al, above n 104, p 395.Google Scholar

106. Teubner, G‘After legal instrumentalism: strategic models of post-regulatory law’ in Teubner, G (ed)Dilemmas of Law in the Welfare State (New York: Walter de Gruyter, 1988) p 309. Collins seems to take the point (31).Google Scholar

107. Teubner, above n 13. In a 2002 paper focusing on just in time manufacturing, Teubner anticipated criticisms such as those Daintith and I have put forward of network regulation, but defends the possibility of such regulation, though ‘totally incomprehensible from the Anglo-American standpoint’, as appropriate to Germany because ‘it makes sense, however, if one takes into account the varieties of capitalism’: Teubner, G ‘Idiosyncratic production regimes: co-evolution of economic and legal institutions in the varieties of capitalism’ (2002) 112 Proc Br Acad 161, 180–181.Google Scholar

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109. Born in what is now the Czech Republic, Renner's education and his professional and political life were entirely centred on Vienna under the Austro-Hungarian Empire and subsequently the Austrian Republic, the Third Reich and the Second Austrian Republic. He supported Anschluss throughout the interwar period. The point is that the intellectual milieu of his views was German.

110. Kahn Freund also preceded Collins as a Fellow of Brasenose College, Oxford.

111. See now Renner, K The Institutions of Private Law and their Social Functions (New Brunswick, NJ: Transaction Publishers, 2010).Google Scholar

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113. Ibid, pp 5–6.

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115. Though in much current regulatory theory Marx's critique of regarding labour as a commodity has been eclipsed by that of Polanyi, Marx's far more wide-ranging background critique of the alienation of labour has damaging implications for Teubner's concept of a network. Though in his discussion of ‘re-entry’ Teubner perceives (and seeks to limit the consequences of) some of the shortcomings of the ‘pure’ concepts of contract and organisation (135–136, 211–213), he is able to fashion his concept of a network only by constructing a paradox from the purely individualist and purely associative terms of a contradiction. But, to focus on just the first term, it is wrong to think that the economic actor in an exchange relationship is the atomistic individual of classical and neoclassical economics and the classical law of contract. This actor's capacity to exchange is intrinsically based on social relations, which have an integral element of trust that cannot be reduced to economic calculation, or, indeed, to a purely private economics at all: Campbell, D‘The relational constitution of contract and the limits of “economics:” Kenneth Arrow on the social background of markets’ in Deakin, S and Michie, J (eds)Contracts, Co-operation and Competition: Studies in Economics, Management and Law (Oxford: Oxford University Press, 1997);Google Scholar Campbell, D‘The “hybrid contract” and the merging of the public and private law of the allocation of economic goods’ in Campbell, D and Lewis, ND (eds)Promoting Participation: Law or Politics? (London, Cavendish Publishing, 1999).Google ScholarPubMed Collins' commitment to the network concept represents a shift from his earlier views in this respect, for his earlier critique of the law of contrast involved a Marxist perception of the alienation of economic action: Collins, H The Law of Contract (London: Weidenfeld and Nicolson, 1986) pp 3–5. In support of his views there, Collins' cites Renner's book: ibid, p 210.Google Scholar

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130. Prior to Collins' Introduction, Roger Brownsword, sometimes in work with the late John Adams, had done the most to develop the network idea within the English law of contract. His Fribourg paper helpfully reviews an important body of work going back to 1989: Brownsword, R‘Network contracts revisited’ in Amstutz, and Teubner, (eds), above n 8.Google Scholar Reasons of space prevent me from exploring the English law literature on networks. I will say only that Brownsword's work has struggled with the fact that it was principally stimulated by Junior Books Ltd v Veitchi Co Ltd [1983] 1 AC 250 (HL), which, though at the time lauded as a way of getting round an illegitimate contractual way of determining the range of liability, surely was an inauspicious foundation. But in Collins' Introduction (55–56), we find him welcoming the possibility that the Teubnerian network might put fresh legs under Junior Books. This seems to revive views Collins held about this case in the 1980s, from which he had, out of greater respect for the parties' allocation of risks rather than what was needed ‘as a matter of fairness’, moved away: cf Collins, H The Law of Contract (London: Weidenfeld and Nicolson, 1986) pp 109, 113;Google Scholar Collins, H The Law of Contract (London: Butterworths, 4th edn, 2003) pp 323, 327–328.Google Scholar

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132. Druey, , above n 26, pp 95–96.Google Scholar