Download or read book Reconsidering Contractual Consent written by Nathan B. Oman and published by . This book was released on 2018 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our theoretical approaches to contract law have dramatically over-estimated the importance of voluntary consent. The central thesis of this article is that voluntary consent plays at best a secondary role in the normative justification of contract law. Rather, contract law should be seen as part of an evolutionary process of finding solutions to problems of social organization in markets. Like natural evolution, this process depends on variation and feedback. Unlike natural evolution, both the variation and the feedback mechanisms are products of human invention. On this theory, consent serves two roles in contract law. First, consent makes freedom of contract possible and freedom of contract generates variation in transactional structures. In effect, it creates a store of possible solutions to problems of social organization. Second, consent is one method among several by which "bad" solutions are weeded out and "good" solutions are selected. However, consent is not the only-or in many cases even the primary-feedback mechanism for transactional structures. Hence, in many situations we are comfortable enforcing contracts where consent is formal at best and the voluntariness of contracting parties is open to serious doubt. This is because there are other mechanisms that mitigate against pathological transactional forms. Ultimately "meaningful consent" is not a necessary condition for the normative justification of contractual enforcement. Applying this model to boilerplate contracts explains why we are justified in enforcing agreements where consent may be attenuated and very imperfectly informed. The voluminous criticism of these agreements shares the common assumption that robust voluntary consent is a necessary condition for the normative justification of contract law. This basic assumption, however, is mistaken.
Download or read book Contract Law and the Legislature written by TT Arvind and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.
Download or read book A Theory of Political Obligation written by Margaret Gilbert and published by Oxford University Press, USA. This book was released on 2006-05-11 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Margaret Gilbert offers an incisive new approach to a classic problem of political philosophy: when and why should I do what the laws of my country tell me to do? Beginning with carefully argued accounts of social groups in general and political societies in particular, the author argues that in central, standard senses of the relevant terms membership in a political society in and of itself obligates one to support that society's political institutions. The obligations in questionare not moral requirements derived from general moral principles, as is often supposed, but a matter of one's participation in a special kind of commitment: joint commitment. An agreement is sufficient but not necessary to generate such a commitment. Gilbert uses the phrase 'plural subject' to referto all of those who are jointly committed in some way. She therefore labels the theory offered in this book the plural subject theory of political obligation.The author concentrates on the exposition of this theory, carefully explaining how and in what sense joint commitments obligate. She also explores a classic theory of political obligation --- actual contract theory --- according to which one is obligated to conform to the laws of one's country because one agreed to do so. She offers a new interpretation of this theory in light of a theory of plural subject theory of agreements. She argues that actual contract theory has more merit than has beenthought, though the more general plural subject theory is to be preferred. She compares and contrasts plural subject theory with identification theory, relationship theory, and the theory of fair play. She brings it to bear on some classic situations of crisis, and, in the concluding chapter,suggests a number of avenues for related empirical and moral inquiry.Clearly and compellingly written, A Theory of Political Obligation will be essential reading for political philosophers and theorists.
Download or read book Sanctity of Contracts in a Secular Age written by Stephen Waddams and published by Cambridge University Press. This book was released on 2019-03-21 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strict enforcement of unreasonable contracts can produce outrageous consequences. Courts of justice should have the means of avoiding them.
Download or read book Rethinking Informed Consent in Bioethics written by Neil C. Manson and published by Cambridge University Press. This book was released on 2007-03-29 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: Informed consent is a central topic in contemporary biomedical ethics. Yet attempts to set defensible and feasible standards for consenting have led to persistent difficulties. In Rethinking Informed Consent in Bioethics, first published in 2007, Neil Manson and Onora O'Neill set debates about informed consent in medicine and research in a fresh light. They show why informed consent cannot be fully specific or fully explicit, and why more specific consent is not always ethically better. They argue that consent needs distinctive communicative transactions, by which other obligations, prohibitions, and rights can be waived or set aside in controlled and specific ways. Their book offers a coherent, wide-ranging and practical account of the role of consent in biomedicine which will be valuable to readers working in a range of areas in bioethics, medicine and law.
Download or read book Boilerplate written by Margaret Jane Radin and published by Princeton University Press. This book was released on 2014-11-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why the increasing use of boilerplate is eroding our rights 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.
Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Download or read book Rethinking Investment Law written by David Schneiderman and published by Oxford University Press. This book was released on 2023-11-16 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected, not just foreign investors. An expert set of contributors explain both the conventional law and its limitations. Their analysis shows that doctrines, now widely entrenched, in orthodox accounts of investment law could have taken, and could still take, a different turn. They offer a more respectful approach to states' roles and responsibilities to enact laws in the public interest. This text will be an illuminating read for students and academics in areas such as investment law and international economic law. It provides cutting-edge analysis for researchers, practitioners, and students seeking to understand and question the usual standards of treatment under investment treaties.
Download or read book Reconsidering Value and Labour in the Digital Age written by Christian Fuchs and published by Springer. This book was released on 2015-10-21 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores current interventions into the digital labour theory of value, proposing theoretical and empirical work that contributes to our understanding of Marx's labour theory of value, proposes how labour and value are transformed under conditions of virtuality, and employ the theory in order to shed light on specific practices.
Download or read book The Construction Sources and Implications of Consensualism in Contract written by Kane Abry and published by Springer Nature. This book was released on 2023-09-28 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK
Download or read book Data and Private Law written by Damian Clifford and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines one of the fastest growing fields of regulation: data rights. The book moves debates about data beyond data and privacy protecting statutes. In doing so, it asks what private law may have to say about these issues and explores how private law may influence the interpretation and the form of legislation dealing with data. Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators. The contributors are specialists in their respective fields of private law with long-standing expertise in the challenges to data privacy posed by emerging digital technologies.
Download or read book Mormonism written by W. Paul Reeve and published by ABC-CLIO. This book was released on 2010-08-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering its historic development, important individuals, and central ideas and issues, this encyclopedia offers broad historical coverage of The Church of Jesus Christ of Latter-day Saints. Mormonism: A Historical Encyclopedia helps readers explore a church that has gone from being an object of ridicule and sometimes violent persecution to a worldwide religion, counting prominent businesspeople and political leaders among its members (including former Massachusetts governor and recent presidential candidate Mitt Romney). The encyclopedia begins with an overview of The Church of Jesus Christ of Latter-day Saints—six essays cover the church's history from Joseph Smith's first vision in 1820 to its current global status. This provides a context for subsequent sections of alphabetically organized entries on key events and key figures in Mormon history. A final section looks at important issues such as the church's organization and government, its teachings on family, Mormonism and blacks, Mormonism and women, and Mormonism and Native Americans. Together, these essays and entries, along with revealing primary sources, portray the Mormon experience like no other available reference work.
Download or read book Contract Law and Economics written by Gerrit de Geest and published by Edward Elgar Publishing. This book was released on 2010-10 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law. The topical chapters written by leading international scholars include: precontractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed. This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy.
Download or read book Reconsidering Conceptual Change Issues in Theory and Practice written by Margarita Limón and published by Springer Science & Business Media. This book was released on 2007-05-08 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an important account of the state of the art of both theoretical and practical issues in the present-day research on conceptual change. Unique in its complete treatment of the questions that should be considered to further current understanding of knowledge construction and change, this book is useful for psychologists, cognitive scientists, educational researchers, curriculum developers, teachers and educators at all levels and in all disciplines.
Download or read book Reports of Cases Decided in the Court of Appeals of the State of New York written by New York (State). Court of Appeals and published by . This book was released on 1913 with total page 914 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Error Correction in the Foreign Language Classroom written by Mirosław Pawlak and published by Springer Science & Business Media. This book was released on 2013-08-13 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book aims to dispel some of the myths surrounding the place of oral and written error correction in language education by providing an exhaustive and up-to-date account of issues involved in this area, taking the stance that the provision of corrective feedback constitutes an integral part of form-focused instruction. This account places an equal emphasis on the relevant theoretical claims, the most recent research findings and everyday pedagogical concerns, particularly as they apply to the teaching of additional languages in the foreign language setting. The book will be of relevance and significance not only to specialists in the field of second language acquisition, but also to graduate and doctoral students carrying out research in the area of form-focused instruction and error correction. Many parts of the volume will also be of considerable interest and utility to teachers of foreign languages at different educational levels.
Download or read book Reports of Cases Argued and Determined in the Commission of Appeals of the State of New York written by New York (State). Court of Appeals and published by . This book was released on 1913 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt:
