The Choice Of Paradigm For Theory Of Contract
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Justice In Transactions
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Author : Peter Benson
language : en
Publisher: Belknap Press
Release Date : 2019-12-17
Justice In Transactions written by Peter Benson and has been published by Belknap Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-17 with Law categories.
“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.
The Choice Of Paradigm For Theory Of Contract
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Author : Dori Kimel
language : en
Publisher:
Release Date : 2010
The Choice Of Paradigm For Theory Of Contract written by Dori Kimel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
The article comments on the supposed need for a paradigm for the theory of contract, primarily by way of engaging with the most prominent source of late of calls for a paradigm shift in contract theory, the relational theory of contract. The article distinguishes between an empirical, a doctrinal-prescriptive and a theoretical analytical line of argument as offered by relational theory. With regard to the first line of argument, the article argues that the thought that contract law already is relationally constituted is informed by a misunderstanding of the available alternatives to relational theory. With regard to the second line of argument, the article argues that the incorporation of relational norms into the law, although occasionally desirable, is not the only way nor always the best way to sustain the relational contract, and explores the proposition that, at times, the law best supports valuable social practices by refraining from absorbing their constitutive norms. Finally, by way of drawing an analogy with a putative relational theory of promise, the article offers an objection to the thesis that the key to a sound theoretical grasp of the nature of contract and its social role lies in the adoption of the relational paradigm.
Research Handbook On Legal Evolution
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Author : Wojciech Zaluski
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-03-14
Research Handbook On Legal Evolution written by Wojciech Zaluski and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-14 with Law categories.
Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.
Scholars Of Contract Law
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Author : James Goudkamp
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-12-01
Scholars Of Contract Law written by James Goudkamp and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-01 with Law categories.
This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law. In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes. The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.
Oxford Studies In Philosophy Of Law Volume 2
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Author : Leslie Green
language : en
Publisher: Oxford University Press
Release Date : 2013-08-29
Oxford Studies In Philosophy Of Law Volume 2 written by Leslie Green and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-29 with Law categories.
Oxford Studies in the Philosophy of Law is an annual forum for new philosophical work on law. The essays range widely over general jurisprudence (the nature of law, adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory.
Contract Law
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Author : Adam Kramer KC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-01-02
Contract Law written by Adam Kramer KC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-02 with Law categories.
This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach). This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields.
Changing Concepts Of Contract
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Author : David Campbell
language : en
Publisher: Springer
Release Date : 2017-02-28
Changing Concepts Of Contract written by David Campbell and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-28 with Law categories.
Changing Concepts of Contract is a prestigious collection of essays that re-examines the remarkable contributions of Ian Macneil to the study of contract law and contracting behaviour. Ian Macneil, who taught at Cornell University, the University of Virginia and, latterly, at Northwestern University, was the principal architect of relational contract theory, an approach that sought to direct attention to the context in which contracts are made. In this collection, nine leading UK contract law scholars re-consider Macneil's work and examine his theories in light of new social and technological circumstances. In doing so, they reveal relational contract theory to be a pertinent and insightful framework for the study and practice of the subject, one that presents a powerful challenge to the limits of orthodox contract law scholarship. In tandem with his academic life, Ian Macneil was also the 46th Chief of the Clan Macneil. Included in this volume is a Preface by his son Rory Macneil, the 47th Chief, who reflects on the influences on his father's thinking of those experiences outside academia. The collection also includes a Foreword by Stewart Macaulay, Malcolm Pitman Sharp Hilldale Professor Emeritus at the University of Wisconsin-Madison, and an Introduction by Jay M Feinman, Distinguished Professor of Law at Rutgers School of Law.
Promises And Agreements
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Author : Hanoch Sheinman
language : en
Publisher: Oxford University Press
Release Date : 2011-01-24
Promises And Agreements written by Hanoch Sheinman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-24 with Philosophy categories.
Promises and agreements are everywhere; we make, receive, keep, and break them on a daily basis. The quest to understand these social practices is integral to understanding ourselves as social creatures. The study of promises and agreements is enjoying a renaissance in many areas of social philosophy, including philosophy of language, action theory, normative ethics, value theory, and legal philosophy. This volume is the first collection of philosophical papers on promises and agreements, bringing together sixteen original self-standing contributions to the philosophical literature. The contributors highlight some of the more interesting aspects of the ubiquitous social phenomena of promises and agreements from different philosophical perspectives.
Contract Law Minimalism
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Author : Jonathan Edward Morgan
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-07
Contract Law Minimalism written by Jonathan Edward Morgan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-07 with Law categories.
Critically examines moral-promissory, economic and socio-legal perspectives on contract law, arguing that it should be formal and minimalistic by design.
Equity
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Author : Irit Samet
language : en
Publisher: Oxford University Press
Release Date : 2018-12-06
Equity written by Irit Samet and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-06 with Law categories.
This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: âAccountability Correspondenceâ. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.