Contract-based controls can reach results regulation cannot because obligations rest on agreement

Evidence

More important for present purposes is the fact that the private obligations come into existence not by virtue of the assertion of the paramount authority of society over its members, which it:the basis of regulation, but by virtue of the obligor’s own personal agreement. This fact and its corollary facts often make it possible to secure results more readily by contract than they could be secured by regulation, and sometimes to secure results which could not be accomplished at all by regulation. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 838

Categorization

• XREF: Explains why Walsh-Healey contracting reached labor standards abroad where no US regulation could — echoes regimes-of-direct-control themes from ch8-10. — connects to: Government contracts can control private conduct by inducement rather than regulation — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 837; Direct government action governs its own employees through management, not law’s distinctive means — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 848; Complementary agreements are self-enforcing through interdependence and focal points — Thomas C. Schelling, The Strategy of Conflict, 312 (+1 more)

Broader Connections

• Complementary agreements are self-enforcing through interdependence and focal points #corroborates (0.78) — Thomas C. Schelling, The Strategy of Conflict, 312
• Procedural norms substitute for substantive control when outcomes are hard to specify. #complicates (0.78) — Shapiro, Susan P., The Social Control of Impersonal Trust, 62