Crystal and mud contracts: The theory of contract and the ontology of values

Abstract

The aim of this chapter is to use the evolution of Italian law as an example of a typical Latin jurisdiction that passed through different ages, characterised by the adoption of different values, in order to understand the inherent ambiguity of the legal discourse on contract and values. The chapter will proceed toward a discussion of the nature of values in the context of the theory of Comparative law. The main conclusions will be (1) that there is not a pure form of contract and (2) that in order to cope with values we need to develop a theory of legal ontologies as the main target of Comparative law.