• Boilerplate

  • The Fine Print, Vanishing Rights, and the Rule of Law
  • By: Margaret Jane Radin
  • Narrated by: Christy Lynn
  • Length: 8 hrs and 26 mins
  • 4.2 out of 5 stars (6 ratings)

Prime logo Prime members: New to Audible?
Get 2 free audiobooks during trial.
Pick 1 audiobook a month from our unmatched collection.
Listen all you want to thousands of included audiobooks, Originals, and podcasts.
Access exclusive sales and deals.
Premium Plus auto-renews for $14.95/mo after 30 days. Cancel anytime.
Boilerplate  By  cover art

Boilerplate

By: Margaret Jane Radin
Narrated by: Christy Lynn
Try for $0.00

$14.95/month after 30 days. Cancel anytime.

Buy for $24.95

Buy for $24.95

Pay using card ending in
By confirming your purchase, you agree to Audible's Conditions of Use and Amazon's Privacy Notice. Taxes where applicable.

Publisher's summary

Boilerplate - the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets - pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm.

Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order.

Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.

©2013 Princeton University Press (P)2013 Audible, Inc.

What listeners say about Boilerplate

Average customer ratings
Overall
  • 4 out of 5 stars
  • 5 Stars
    2
  • 4 Stars
    3
  • 3 Stars
    1
  • 2 Stars
    0
  • 1 Stars
    0
Performance
  • 4 out of 5 stars
  • 5 Stars
    2
  • 4 Stars
    2
  • 3 Stars
    2
  • 2 Stars
    0
  • 1 Stars
    0
Story
  • 4 out of 5 stars
  • 5 Stars
    2
  • 4 Stars
    3
  • 3 Stars
    1
  • 2 Stars
    0
  • 1 Stars
    0

Reviews - Please select the tabs below to change the source of reviews.

Sort by:
Filter by:
  • Overall
    4 out of 5 stars
  • Performance
    5 out of 5 stars
  • Story
    4 out of 5 stars

Very well thought out

I took one 10 week law course in college and was able to follow about 99% of this book. I is well reasoned and provides possible answers to the problems raised while allowing for the possibility if answers not generated by the author. This is very good book if you are interested in law theory.

Something went wrong. Please try again in a few minutes.

You voted on this review!

You reported this review!

1 person found this helpful