Download or read book Morality and Action written by Warren Quinn and published by Cambridge University Press. This book was released on 1993 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contains Warren Quinn's most important contributions to moral philosophy and has been edited for publication by Philippa Foot.
Download or read book Justice in Transactions written by Peter Benson and published by Belknap 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 Moral Dimensions written by T. M. Scanlon and published by Harvard University Press. This book was released on 2010-09-30 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a clear and elegant style, T. M. Scanlon reframes current philosophical debates as he explores the moral permissibility of an action. Permissibility may seem to depend on the agentÕs reasons for performing an action. For example, there seems to be an important moral difference between tactical bombing and a campaign by terroristsÑeven if the same number of non-combatants are killedÑand this difference may seem to lie in the agentsÕ respective aims. However, Scanlon argues that the apparent dependence of permissibility on the agentÕs reasons in such cases is merely a failure to distinguish between two kinds of moral assessment: assessment of the permissibility of an action and assessment of the way an agent decided what to do. Distinguishing between these two forms of assessment leads Scanlon to an important distinction between the permissibility of an action and its meaning: the significance for others of the agentÕs willingness to act in this way. An actionÕs meaning depends on the agentÕs reasons for performing it in a way that its permissibility does not. Blame, he argues, is a response to the meaning of an action rather than its permissibility. This analysis leads to a novel account of the conditions of moral responsibility and to important conclusions about the ethics of blame.
Download or read book Contract Formation and Parties written by Andrew Burrows and published by Oxford University Press. This book was released on 2010-08-12 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This volume of essays addresses the law relating to the formation of legally binding contracts and relationships between contracting parties and third parties and is based on papers delivered at the eighth Oxford-Norton Rose Colloquium at St Hugh's College, Oxford in September 2009.' - Foreword.
Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2009-07-09 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.
Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Download or read book Essays on Anscombe s Intention written by Anton Ford and published by Harvard University Press. This book was released on 2011-06-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: G. E. M. Anscombe's Intention, firmly established the philosophy of action as a distinctive field of inquiry. Donald Davidson called this 94-page book "the most important treatment of action since Aristotle." But until quite recently, few scholars recognized the magnitude of Anscombe's philosophical achievement. This collection of ten essays elucidates some of the more challenging aspects of Anscombe's work and affirms her reputation as one of our most original philosophers. Born in 1919, Anscombe studied at St. Hugh's College, Oxford, where she later held a research fellowship. In 1941 she married philosopher Peter Geach, with whom she had seven children. A close friend of Wittgenstein, in 1946 she joined Oxford's Somerville College and spent the next twenty-four years there before being appointed to the Chair of Philosophy at Cambridge that Wittgenstein had held. She died in 2001 after her long career as a highly regarded analytic philosopher. This volume brings together fresh interpretations of Intention written by some of today's leading philosophers of action. It will enlighten Anscombe's readers who struggle with concepts they find puzzling or obscure, while providing a bracing corrective to doubts about Intention's significance and the gravity of what is at stake.
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 Unilateral Acts written by Betina Kuzmarov and published by Taylor & Francis. This book was released on 2018-05-20 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are in a moment where peoples and states are interested, directly or indirectly, in asserting their "national interest," unilaterally if necessary. In the White House, the national security policy is premised on "America First," while Catalans and Iraqi Kurds have taken steps to unilaterally declare their independence. All of these actions have generated tension both domestically and internationally. However, even though the potential for unilateral action has been receiving a lot of attention, the larger issue of the legality of unilateral acts is often hard to discern. This book provides a history of the doctrine of unilateral acts in international law, tracing their treatment in the international sphere from consent based acts, to obligations erga omnes, to acts of estoppel. ? Through chapter-by-chapter case studies, this book traces the "legalization" of the category of unilateral acts from its 19th Century foundations into a broad category of obligation. To understand why and how this occurred, this book examines the history of the legal doctrine of unilateral acts, which shows that in spite of efforts to progressively make unilateral acts "legal" they are still not precisely defined or easy to apply, challenging the very commitment these acts are meant to establish.
Download or read book Practitioner s Guide to the CISG written by Camilla Baasch Andersen and published by Juris Publishing, Inc.. This book was released on 2010-11-01 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing complexity of international trade, practitioners in commercial law increasingly need access to scholarly sources and foreign case law. A goal of the United Nations Convention on the International Sale of Goods (CISG) has been the standard of a “global jurisconsultorium,” where judges and arbitrators would share resources and consult what has been done in foreign jurisdictions. However, without the prior work of material-collecting, proper translation into English, and organization of the resulting abundance of material, compliance with this goal would be impossible. The Practitioner’s Guide to the CISG is a direct answer to that need and a decisive step toward fulfilling that goal. Written by three scholars from six different countries, the book represents the best analyses of CISG cases available anywhere. The chapters that follow provide legal counsel with easy, organized access to key, legal case abstracts drawn from multiple jurisdictions and valuable, summary comments on each article of the CISG.
Download or read book With Willful Intent written by David L. Smith and published by Wipf and Stock Publishers. This book was released on 2003-11-07 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'With Willful Intent: A Theology of Sin' is a full orbed examination of sin and the human Fall. Its intention is to provide the reader/student with both the materials and methodology to formulate his or her own biblically based theology of sin. The book is arranged in four sequential sections to guide the reader through the process of theological development. The first section, "A Historical Theology of Sin," furnishes a detailed outline of Christian thought on sin from the time of the early church to the present day. These chapters will help the reader to understand why so many differing views of sin and the Fall exist. The second section, "A Biblical Theology of Sin," is the keystone of theological formulation. It apprises the student of the biblical teaching on the human Fall and its subsequent ramifications. Because believers hold the Bible to be the fully inspired, all-sufficient Word of God, what it says about sin must be determinative in one's development of a theology of sin. The third section, "A Systematic Theology of Sin," seeks to synthesize the teaching of the Bible while drawing on the insights of history, science, and the social sciences. Topics covered include the nature of sin, its universality, its transmission, its relationship to Satan and the demonic, and its conquest through Jesus Christ. Any theology is worthless if it cannot be related to daily living. The conclusion, "A Practical Theology of Sin," demonstrates how the theology which has been formulated may be applied to the individual life of the believer and to the church's ministry.
Download or read book The Doctrine Discipline of Divorce written by John Milton and published by . This book was released on 1644 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commercial Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2013-01-31 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.
Download or read book The Doctrine of Double Effect written by Paul A. Woodward and published by . This book was released on 2001 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophers and ethicists debate this controversial moral principle (including actions, intentions, consequences, unintended consequenses, intentional-unintentional evil, etc.) illustrating its application to current moral dilemmas such as war, suicide, nuclear power, affirmative action, and morphine use for terminal cancer patients.
Download or read book Contemporary European Perspectives on the Ethics of End of Life Care written by Nathan Emmerich and published by Springer Nature. This book was released on 2020-05-12 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the ethics of end of life care, focusing on the kinds of decisions that are commonly made in clinical practice. Specific attention is paid to the intensification of treatment for terminal symptoms, particularly pain relief, and the withdrawal and withholding of care, particularly life-saving or life-prolonging medical care. The book is structured into three sections. The first section contains essays examining end of life care from the perspective of moral theory and theology. The second sets out various conceptual terms and distinctions relevant to decision-making at the end of life. The third section contains chapters that focus on substantive ethical issues. This format not only provides for a comprehensive analysis of the ethical issues that arise in the context of end of life care but allows readers to effectively trace the philosophical, theological and conceptual underpinnings that inform their specific interests. This work will be of interest to scholars working in the area as well as clinicians, specialists and healthcare professionals who encounter these issues in the course of their practice.
Download or read book Intention written by G. E. M. Anscombe and published by Harvard University Press. This book was released on 2000-10-16 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intention is one of the masterworks of twentieth-century philosophy in English. First published in 1957, it has acquired the status of a modern philosophical classic. The book attempts to show in detail that the natural and widely accepted picture of what we mean by an intention gives rise to insoluble problems and must be abandoned. This is a welcome reprint of a book that continues to grow in importance.
Download or read book The Modern Cy pr s Doctrine written by Rachael Mulheron and published by Routledge. This book was released on 2016-04-08 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.
