Download or read book Contract Law and Morality written by Henry Mather and published by Praeger. This book was released on 1999-02-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining natural law theory, reliance theory, and economic analysis to develop a jurisprudential approach, this is a prescriptive work presenting a vision of what contract law would be like if it were devoted to teaching moral virtue. The jurisprudential approach draws upon insights of Aristotle, Saint Thomas Aquinas, and other thinkers in the natural law tradition. The author applies this approach to selected legal issues to produce the only contemporary book that uses a natural law approach in prescribing specific reforms in American contract law. Although this study is theoretical, the author, who practiced law for more than eight years, explains technical terms for non-specialist readers. The book employs a pluralistic moral theory and presents a serious challenge to contemporary jurisprudential theories that focus on some single dominant value. A key idea is that contract law should teach and employ certain moral principles when applied to legal issues related to enforceability, remedies, offer and acceptance, and nondisclosure. With respect to each issue, the author compares his proposed resolution with the prevailing current law.
Download or read book Contract Law and Social Morality written by Peter M. Gerhart and published by Cambridge University Press. This book was released on 2021-02-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise and readable guide to reasoning about the source and content of contractual obligations when disagreements arise.
Download or read book Philosophical Foundations of Contract Law written by George Letsas and published by Oxford University Press, USA. This book was released on 2014 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.
Download or read book The Dignity of Commerce written by Nathan Oman and published by University of Chicago Press. This book was released on 2016 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Dignity of Commerce is a rigorous and novel exploration of moral justification of contract law through how it fosters well-functioning markets. Nathan B. Oman demonstrates how contract law deals overwhelmingly with the matters of commercial exchange, and how commerce in turn breeds habits of mind, or virtues, that support a liberal society. He also shows how markets provide a framework for peaceful cooperation across the fault lines of race, culture, religion, and politics that outdo even democratic political institutions. The Dignity of Commerce is ambitious in its aims and its conclusions and the implications are powerful. It is sure to elicit a serious discussion at the very heart of one of the most central areas of legal studies, and Nathan B. Oman has provided a clear, engaging, and comprehensive vehicle to get the discussion started.
Download or read book Theologians and Contract Law written by Wim Decock and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.
Download or read book Justice in Transactions written by Peter Benson and published by Harvard University Press. This book was released on 2019-12-03 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.
Download or read book Contract as Promise written by Charles Fried and published by Oxford University Press, USA. This book was released on 2015 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Contract as Promise' is a study of the foundations and structure of contract law. It has both theoretical and pedagogic purposes. It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface. It also includes a lengthy postscript that takes account of scholarly and practical developments in the field over the last thirty years, especially the large and rich law and economics literature.
Download or read book Justice in Transactions written by Peter Benson and published by Harvard University Press. This book was released on 2019-12-17 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
Download or read book War by Agreement written by Yitzhak Benbaji and published by Oxford University Press, USA. This book was released on 2019 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: "War by Agreement presents a new theory on the ethics of war. It shows that wars can be morally justified at both the ad bellum level (the political decision to go to war) and the in bello level (its actual conduct by the military) by accepting a contractarian account of the rules governing war. According to this account, the rules of war are anchored in a mutually beneficial and fair agreement between the relevant players-- the purpose of which is to promote peace and to reduce the horrors of war. The book relies on the long social contract tradition and illustrates its fruitfulness in understanding and developing the morality and the law of war"--
Download or read book The Law as a Moral Agent written by Charles Foster and published by Springer Nature. This book was released on 2021-05-01 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the controversial and repercussive contention that an objective of the law should be to promote personal morality - to make people ethically better. It surveys a number of domains, including criminal law, tort law, contract law, family law, and medical law (particularly the realm of moral enhancement technologies) asking for each: (a) Does the existing law seek to promote personal morality? (b) If so, what is the account of morality promoted, and what is the substantive content? (c) Does it work? and (d) Is this a legitimate objective?
Download or read book The Theory of Contract Law written by Peter Benson and published by Cambridge University Press. This book was released on 2001-02-05 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays addressing a variety of issues in the theory and practice of contract law.
Download or read book Law and Morality written by David Dyzenhaus and published by University of Toronto Press. This book was released on 2007-01-01 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.
Download or read book Contract Law Without Foundations written by Prince Saprai and published by Oxford University Press. This book was released on 2019-02-28 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.
Download or read book Foundational Principles of Contract Law written by Melvin A. Eisenberg and published by Oxford University Press. This book was released on 2018-09-20 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation.
Download or read book An Essay on the Doctrine of Contracts written by Gulian Crommelin Verplanck and published by . This book was released on 1825 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Theory of Contract Law written by Peter A. Alces and published by Oxford University Press. This book was released on 2011-04-07 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. These theories have proceeded primarily (indeed, necessarily) from deontological and consequentialist premises. In A Theory of Contract Law: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the leading interpretive theories of contract and demonstrates their doctrinal failures. Professor Alces presents the leading canonical cases that inform the extant theories of Contract law in both their historical and transactional contexts and argues that moral psychology provides a better explanation for the contract doctrine than do alternative comprehensive interpretive approaches.
Download or read book Moral Dealing written by David P. Gauthier and published by . This book was released on 1990 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt:
