Download or read book Visions of Contract Theory written by Larry A. DiMatteo and published by . This book was released on 2007 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews and critiques some of the major theories of contract law. The theories of contract law selected for coverage include law and economics, behavioral decision theory, inequality of bargaining power, law as interpretation (idealism), and critical legal theory. Chapters 2 through 4 examine the use of the themes of rationality and efficiency to rationalize contract law. Chapters 5 and 6 analyze the role of bargaining power in contract law. Chapters 7 and 8 analyze the idealism of Karl N. Llewellyn and Ronald Dworkin that advances the proposition that law is able to obtain internal integrity through a process of theory building. Chapter 9 explores the major tenets of Critical Legal Studies, Critical Race Theory, and Feminist Legal Theory. Chapter 9 also acts as a capstone chapter in that it incorporates much of the analysis provided in the earlier chapters. New theoretical insights into more specific areas of interest are provided, such as the problems of rational choice theory, bargaining power, theory of interpretation, and the use of contextualism as a positive methodology of critical legal theory. In the end, the book should be viewed as a series of independent essays under the very broad umbrella of contract theory. "Barnhizer's novel use of the concept of bargaining power, to demarcate the classes of transactions properly regulated by the law of contracts from those which are not, is especially interesting..." -- Law & Politics Book Review

Download or read book Two Visions of Contract written by Hanoch Dagan and published by . This book was released on 2020 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peter Benson's “Justice in Transactions: A Theory of Contract Law” is an ambitious book and is likely to become the definite modern statement of the venerable transfer theory of contract. “Justice in Transactions” carefully examines a variety of contract doctrines from formation to enforcement, and defends a normative vision of the parties and their relation. This Book Review critically examines transfer theory, which figures in some prominent philosophical accounts of contract, notably Kant's and Hegel's, by contrasting it to the choice theory of contracts. This comparison helps to refine three lines of critique of transfer theory. Transfer theory mis-represents law's facilitation of contract as an exercise of implication; it marginalizes contract law's robust commitment to relational justice; and it under-states the way law's regard to the parties' future-selves limits the range of enforceable commitments people can undertake. These pitfalls, I argue, are manifestations of a deeper difficulty of transfer theory that relies on an overly restrictive justificatory premise, which leads it to obscure the full implications of contract's intertemporal dimension.

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 Vision and Calculation written by Sheng Hong and published by Springer Nature. This book was released on 2020-06-11 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of articles on the author's thinking and analysis of China's problems by using the mainstream economic methods. Topics covered include families in traditional China, land permanent tenancy system, changes of land institutions since modern times, rationality of specialized market, similarities and differences between rent and tax, the role of contracts change in the China's reform, analysis of Asian financial crisis and American financial crisis, the paradox of medical insurance, the business model of e-retail platform with zero price, the relationship between transactions and cities, the religious man who is different from the economic man, and theological coordinates of economics. This book provides a nuanced analysis using a China-styled economic approach for scholars while also allowing lay people to enhance their knowledge of China through the stories and cases presented.

Download or read book Social Contract Theory for a Diverse World written by Ryan Muldoon and published by Taylor & Francis. This book was released on 2016-10-14 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract theory that focuses on diverse perspectives. It offers a new moral stance that author Ryan Muldoon calls, "The View From Everywhere," which allows for substantive, fundamental moral disagreement. This stance is used to develop a bargaining model in which agents can cooperate despite seeing different perspectives. Rather than arguing for an ideal contract or particular principles of justice, Muldoon outlines a procedure for iterated revisions to the rules of a social contract. It expands Mill's conception of experiments in living to help form a foundational principle for social contract theory. By embracing this kind of experimentation, we move away from a conception of justice as an end state, and toward a conception of justice as a trajectory. Listen to Robert Talisse interview Ryan Muldoon about Social Contract Theory for a Diverse World on the podcast, New Books in Philosophy: http://tinyurl.com/j9oq324 Also, read Ryan Muldoon’s related Niskanen Center article, "Diversity and Disagreement are the Solution, Not the Problem," published Jan. 10, 2017: https://niskanencenter.org/blog/diversity-disagreement-solution-not-problem/

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 Comparative Contract Law written by Pier Giuseppe Monateri and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.

Download or read book The Racial Contract written by Charles W. Mills and published by Cornell University Press. This book was released on 2022-04-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Racial Contract puts classic Western social contract theory, deadpan, to extraordinary radical use. With a sweeping look at the European expansionism and racism of the last five hundred years, Charles W. Mills demonstrates how this peculiar and unacknowledged "contract" has shaped a system of global European domination: how it brings into existence "whites" and "non-whites," full persons and sub-persons, how it influences white moral theory and moral psychology; and how this system is imposed on non-whites through ideological conditioning and violence. The Racial Contract argues that the society we live in is a continuing white supremacist state. As this 25th anniversary edition—featuring a foreword by Tommy Shelbie and a new preface by the author—makes clear, the still-urgent The Racial Contract continues to inspire, provoke, and influence thinking about the intersection of the racist underpinnings of political philosophy.

Download or read book Person Centered Pluralism About Contract Theory written by C. Scott Pryor and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are in the midst of a golden age of contract theory. Not because we have figured it out but because it is plentiful, and much of it is deeply considered. Contract law, on the other hand, remains relatively static in the United States.The stability of contract law is not matched by the discussion of contract theory. Since Ronald Coase first applied neo-classical economic analysis to contract law, contract theory tethered to welfare maximization has raced forward. Nonetheless, welfare centered theories have not ultimately prevailed. Drawing on forms of deontological ethics, theories grounded in visions of personal sovereignty are regularly advanced. And, on a smaller scale, virtue ethics has become a resource for contract theory.Perhaps that the effort to justify contract law is a bootless errand. Why do we need a theory of contract law when the law we have works tolerably well? First, from an internal perspective, those who engage in contracting and the profession of contract law see themselves as part of something that has a foundation. Situating law in a more comprehensive project is endemic to the human condition. And second, most believe that state coercion ought to be justifiable by some expression of reason. The liberal tradition demands something more than power to justify coercive political action. Since the threat of physical deprivation of property by the state looms in the background for contracting parties, one should expect that contract theory would provide accessible reasons for public action at the behest of a private contract party.This article will proceed in four parts. Part I begins with a selective canvass of recent developments in contract theory and will conclude with a discussion of refinements to virtue-based accounts of private law. Collectively, these developments comprise a movement toward pluralism. The inadequacy of any single approach to contract theory is widely recognized. Scholars working from within each approach now seek to refine their theories in light of others. This article ultimately provides a broader foundation for pluralism but before incorporating person-centered resources, Part II brings critics of the movement toward pluralism into the conversation. Part III draws on the sociological work on personhood of Christian Smith. Smith's work is a resource by which the movement toward pluralism can be tethered to a fuller understanding of the human person. This part also demonstrates that the right of redress identified by Andrew Gold fits within this understanding. Finally, in Part IV there will be some examples drawing on the insights of person-centered pluralism for two contemporary issues of contract law.

Download or read book Just Exchange written by Francis H. Buckley and published by Routledge. This book was released on 2004-11-30 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now, for the first time, there is a comprehensive, eminently readable book designed to focus thinking in the area of contract law. This book bridges the gap between law and economics by confronting normative values that economists too often deem the preserve of moral philosophers. Contract theorists, on the other hand, are seldom in sympathy with economic efficiency norms. While free bargaining continues to be regarded with suspicion by legal scholars who are hostile to private ordering, the proper scope of free bargaining remains in dispute. Combined with a recent renewed interest in this field, these academic tensions mean that the time is right for a reconsideration of contract law. Drawing on scholarship from diverse fields and using illuminating and erudite examples, Just Exchange is entertaining as well as informative. Of interest to economists, lawyers, public policy-makers and those intersted in contract theory, this volume is a valuable overview of a vital intersection between legal studies and economics.

Download or read book The Contract and Domination written by Carole Pateman and published by John Wiley & Sons. This book was released on 2013-04-23 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract and Domination offers a bold challenge to contemporary contract theory, arguing that it should either be fundamentally rethought or abandoned altogether. Since the publication of John Rawls's A Theory of Justice, contract theory has once again become central to the Western political tradition. But gender justice is neglected and racial justice almost completely ignored. Carole Pateman and Charles Mills's earlier books, The Sexual Contract (1988) and The Racial Contract (1997), offered devastating critiques of gender and racial domination and the contemporary contract tradition's silence on them. Both books have become classics of revisionist radical democratic political theory. Now Pateman and Mills are collaborating for the first time in an interdisciplinary volume, drawing on their insights from political science and philosophy. They are building on but going beyond their earlier work to bring the sexual and racial contracts together. In Contract and Domination, Pateman and Mills discuss their differences about contract theory and whether it has a useful future, excavate the (white) settler contract that created new civil societies in North America and Australia, argue via a non-ideal contract for reparations to black Americans, confront the evasions of contemporary contract theorists, explore the intersections of gender and race and the global sexual-racial contract, and reply to their critics. This iconoclastic book throws the gauntlet down to mainstream white male contract theory. It is vital reading for anyone with an interest in political theory and political philosophy, and the systems of male and racial domination.

Download or read book Visions of Agap written by Craig A. Boyd and published by Routledge. This book was released on 2017-03-02 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together philosophical and theological perspectives on agapistic love. The aim of the text is to illuminate the nature of unlimited love by distinct and integrative approaches to the intersection of the divine and the human. Various scientific approaches to human forms of love seem to shed light on our nature as social beings. But to what extent are the natural desires for affection, sexual love and friendship augmented, revised, perfected or replaced by the gift of grace? In other words, we can ask how is it that agapé modifies or shapes the natural loves? Diverse theological and moral traditions address the question in quite startling contrast. Thomists follow the dictum that 'Grace does not destroy nature but perfects it'. Lutherans draw a sharp contrast between law and Gospel while Wesleyans see charity as the sanctifying power of the Holy Spirit. Some feminist theorists see the idea of self-giving love as contrary to genuine self-fulfilment while the neo-Kantians see love as a duty to others, and some Kierkegaardians see the command to love as an unusual manifestation of divine command ethics. These diverse approaches, in light of contemporary research in the natural and social sciences, can provide fertile ground for the exploration of the intersection of human and divine love. To date, there is no text available that brings scholars from various theological and philosophical backgrounds together to engage in interdisciplinary dialogue on this important and much neglected aspect of research into the human and divine loves. This book offers a significant attempt to remedy the situation.

Download or read book Politics and Vision written by Sheldon S. Wolin and published by Princeton University Press. This book was released on 2016-09-12 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politics and Vision is a landmark work by one of the great thinkers of the twentieth century. This is a significantly expanded edition of one of the greatest works of modern political theory. Sheldon Wolin's Politics and Vision inspired and instructed two generations of political theorists after its appearance in 1960. Substantially expanded for republication in 2004, it is both a sweeping survey of Western political thought and a powerful account of contemporary predicaments of power and democracy. In lucid and compelling prose, Sheldon Wolin offers original, subtle, and often surprising interpretations of political theorists from Plato to Rawls. Situating them historically while sounding their depths, he critically engages their diverse accounts of politics, theory, power, justice, citizenship, and institutions. The new chapters, which show how thinkers have grappled with the immense possibilities and dangers of modern power, are themselves a major theoretical statement. They culminate in Wolin’s remarkable argument that the United States has invented a new political form, "inverted totalitarianism,“ in which economic rather than political power is dangerously dominant. In this expanded edition, the book that helped to define political theory in the late twentieth century should energize, enlighten, and provoke generations of scholars to come. Wolin originally wrote Politics and Vision to challenge the idea that political analysis should consist simply of the neutral observation of objective reality. He argues that political thinkers must also rely on creative vision. Wolin shows that great theorists have been driven to shape politics to some vision of the Good that lies outside the existing political order. As he tells it, the history of theory is thus, in part, the story of changing assumptions about the Good. Acclaimed as a tour de force when it was first published, and a major scholarly event when the expanded edition appeared, Politics and Vision will instruct, inspire, and provoke for generations to come.

Download or read book Deleuze s Political Vision written by Nicholas Tampio and published by Rowman & Littlefield. This book was released on 2015-08-06 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: French philosopher Gilles Deleuze and the psychiatrist-activist Félix Guattari’s 1980 book A Thousand Plateaus is widely recognized as a masterpiece of twentieth-century Continental philosophy. Until now, however, few scholars have dared to explain the book’s political importance. Deleuze’s Political Vision reconstructs Deleuze’s conception of pluralism, human nature, the social contract, liberalism, democracy, socialism, feminism, and comparative political theory. Unlike scholars who read Deleuze as a Marxist, author Nicholas Tampio argues that Deleuze was a cutting-edge liberal, concerned about protecting difference from what John Stuart Mill called the tyranny of the majority. The book brings Deleuze into conversation with other contemporary political theorists such as Hannah Arendt, William E. Connolly, Jürgen Habermas, Bruno Latour, Charles Mills, Martha Nussbaum, Carole Pateman, Abdolkarim Soroush, Leo Strauss, and Charles Taylor. Deleuze’s Political Vision translates Deleuze’s ideas into popular vernaculars to realize his political vision and reveal his work as essential to modern discussions of political theory and philosophy.

Download or read book The Psychoanalytic Vision written by Frank Summers and published by Routledge. This book was released on 2013-05-20 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Psychoanalytic therapy is distinguished by its immersion in the world of the experiencing subject. In The Psychoanalytic Vision, Frank Summers argues that analytic therapy and its unique epistemology is a worldview that stands in clear opposition to the hegemonic cultural value system of objectification, quantification, and materialism. The Psychoanalytic Vision situates psychoanalysis as a voice of the rebel, affirming the importance of the subjective in contrast to the culture of objectification. Founded on phenomenological philosophy from which it derives its unique epistemology and ethical grounding, psychoanalytic therapy as a hermeneutic of the experiential world has no role for reified concepts. Consequently, fundamental analytic concepts such as "the unconscious" and "the intrapsychic," are reconceptualized to eliminate reifying elements. The essence of The Psychoanalytic Vision is the freshness of its theoretical and clinical approach as a hermeneutic of the experiential world. Fundamental clinical phenomena, such as dreams, time, and the experience of the other, are reformulated, and these theoretical shifts are illustrated with a variety of vivid case descriptions. The last part of the book is devoted to the surreptitious role beliefs and values of contemporary culture play in many forms of psychopathology. For clinicians, The Psychoanalytic Vision offers a fresh clinical theory based on the consistent application of the subjectification of human experience, and for scholars, a worldview that provides the framework for a potentially fruitful cross-fertilization of ideas with cognate disciplines.

Download or read book Towards a Natural Social Contract written by Patrick Huntjens and published by Springer Nature. This book was released on 2021-03-30 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book is a 2022 Nautilus Gold Medal winner in the category "World Cultures' Transformational Growth & Development". It states that the societal fault lines of our times are deeply intertwined and that they confront us with challenges affecting the security, fairness and sustainability of our societies. The author, Prof. Dr. Patrick Huntjens, argues that overcoming these existential challenges will require a fundamental shift from our current anthropocentric and economic growth-oriented approach to a more ecocentric and regenerative approach. He advocates for a Natural Social Contract that emphasizes long-term sustainability and the general welfare of both humankind and planet Earth. Achieving this crucial balance calls for an end to unlimited economic growth, overconsumption and over-individualisation for the benefit of ourselves, our planet, and future generations. To this end, sustainability, health, and justice in all social-ecological systems will require systemic innovation and prioritizing a collective effort. The Transformative Social-Ecological Innovation (TSEI) framework presented in this book serves that cause. It helps to diagnose and advance innovation and spur change across sectors, disciplines, and at different levels of governance. Altogether, TSEI identifies intervention points and formulates jointly developed and shared solutions to inform policymakers, administrators, concerned citizens, and professionals dedicated towards a more sustainable, healthy and just society. A wide readership of students, researchers, practitioners and policy makers interested in social innovation, transition studies, development studies, social policy, social justice, climate change, environmental studies, political science and economics will find this cutting-edge book particularly useful. “As a sustainability transition researcher, I am truly excited about this book. Two unique aspects of the book are that it considers bigger transformation issues (such as societies’ relationship with nature, purpose and justice) than those studied in transition studies and offers analytical frameworks and methods for taking up the challenge of achieving change on the ground.” - Prof. Dr. René Kemp, United Nations University and Maastricht Sustainability Institute

Download or read book Contractarianism written by Michael Moehler and published by Cambridge University Press. This book was released on 2020-02-29 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This Element provides a systematic defense of moral contractarianism as a distinct approach to the social contract. It elucidates, in comparison to moral conventionalism and moral contractualism, the distinct features of moral contractarianism, its scope, and conceptual and practical challenges that concern the relationship between morality and self-interest, the problems of assurance and compliance, rule-following, counterfactualism, and the nexus between morals and politics. It argues that, if appropriately conceived, moral contractarianism is conceptually coherent, empirically sound, and practically relevant, and has much to offer to contemporary moral philosophy.