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: When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.
Download or read book The Right to Do Wrong written by Mark Osiel and published by Harvard University Press. This book was released on 2019-02-25 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation. Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows. Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms. Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.
Download or read book Nietzsche as German Philosopher written by Otfried Höffe and published by Cambridge University Press. This book was released on 2021-02-03 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together in translation the finest postwar German-language scholarship on Nietzsche's philosophy, ranging over his concept of irony, his thoughts on music, his relation to the pre-Socratics, his concept of truth, and numerous other topics. Many of the essays appear in English here for the first time, and all are newly translated for the volume.
Download or read book The Morality of Law written by Lon Luvois Fuller and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Minimizing Marriage written by Elizabeth Brake and published by OUP USA. This book was released on 2012-03-15 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses fundamental questions about marriage in moral and political philosophy. It examines promise, commitment, care, and contract to argue that marriage is not morally transformative. It argues that marriage discriminates against other forms of caring relationships and that, legally, restrictions on entry should be minimized.
Download or read book Conflicts of Law and Morality written by Kent Greenawalt and published by Oxford University Press, USA. This book was released on 1989 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.
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 Philosophical Foundations of Contract Law written by Gregory Klass and published by OUP Oxford. This book was released on 2014-12-18 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.
Download or read book Insincere Promises written by Ian Ayres and published by Yale University Press. This book was released on 2008-10-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can a promise be a lie? Answer: when the promisor never intended to perform the promise. Such incidences of promissory fraud are frequently litigated because they can result in punitive damages awards. And an insincere promisor can even be held criminally liable. Yet courts have provided little guidance about what the scope of liability should be or what proof should be required. This book—the first ever devoted to the analysis of promissory fraud—answers these questions. Filled with examples of insincere promising from the case law as well as from literature and popular culture, the book is an indispensable guide for those who practice or teach contract law. The authors explore what promises say from the perspectives of philosophy, economics, and the law. They identify four chief mistakes that courts make in promissory fraud cases. And they offer a theory for how courts and practitioners should handle promissory fraud cases.
Download or read book Responsibility in Law and Morality written by Peter Cane and published by Bloomsbury Publishing. This book was released on 2002-04-17 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously.
Download or read book An Introduction to the Principles of Morals and Legislation written by Jeremy Bentham and published by . This book was released on 1879 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Nietzsche on Freedom and Autonomy written by Ken Gemes and published by Oxford University Press, USA. This book was released on 2009-05-07 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nietzsche is a central figure in our modern understanding of the individual as freely determining his or her own values. These essays by leading Nietzsche scholars investigate what this freedom really means: How free are we really? What does it take to be free? It might be a 'right', but it also needs to be earned.
Download or read book The Problematics of Moral and Legal Theory written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-06-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
Download or read book Law and the Social Order written by Morris Raphael Cohen and published by Transaction Publishers. This book was released on 1982-01-01 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Containing the bulk of Morris Cohen's writings on the philosophy of law, this collection of essays features articles originally published in popular periodicals and law reviews during the early decades of this century. In his introduction to the Social and Moral Thought edition, Harry N. Rosenfield reviews Cohen's contributions to the philosophy of law and emphasizes Cohen's enormous influence, as a legal philosopher, on American law.
Download or read book Formulas of the Moral Law written by Allen Wood and published by Cambridge University Press. This book was released on 2017-10-12 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Element defends a reading of Kant's formulas of the moral law in Groundwork of the Metaphysics of Morals. It disputes a long tradition concerning what the first formula (Universal Law/Law of Nature) attempts to do. The Element also expounds the Formulas of Humanity, Autonomy and the Realm of Ends, arguing that it is only the Formula of Humanity from which Kant derives general duties, and that it is only the third formula (Autonomy/Realm of Ends) that represents a complete and definitive statement of the moral principle as Kant derives it in the Groundwork. The Element also disputes the claim that the various formulas are 'equivalent', arguing that this claim is either false or else nonsensical because it is grounded on a false premise about what Kant thinks a moral principle is for.
Download or read book Promises and Contract Law written by Martin Hogg and published by Cambridge University Press. This book was released on 2011-07-14 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective. Part I explores the component elements of promise, its role in Greek thought and Roman law, the importance of the moral duty to keep promises and the development of promissory ideas in medieval legal scholarship. Part II considers the modern contract law of a number of legal systems from a promissory perspective. The focus is on the law of England, Germany and three mixed legal systems (Scotland, South Africa and Louisiana), though other legal systems are also mentioned. Major topics subjected to a promissory analysis include formation of contract, third party rights, contractual remedies and the renunciation of contractual rights. Part III analyses the future role which promise might play in contract law, especially within a harmonised European contract law.
Download or read book God and Moral Obligation written by C. Stephen Evans and published by Oxford University Press. This book was released on 2013-02-28 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: C. Stephen Evans defends the claim that moral obligations are best understood as divine commands or requirements; hence an important part of morality depends on God. God's requirements are communicated in a variety of ways, including conscience, and that natural law ethics and virtue ethics provide complementary perspectives to this view.
