The Choice Theory Of Contracts

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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.

Theories Of Choice

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Author : Stefan Grundmann
language : en
Publisher: Oxford University Press
Release Date : 2021-01-14

Theories Of Choice written by Stefan Grundmann 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 2021-01-14 with Law categories.

Choice is a key concept of our time. It is a foundational mechanism for every legal order in societies that are, politically, constituted as democracies and, economically, built on the market mechanism. Thus, choice can be understood as an atomic structure that grounds core societal processes. In recent years, however, the debate over the right way to theorize choice - for example, as a rational or a behavioral type of decision making - has intensified. This collection provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network. In its first part, the volume provides an accessible overview of the current debates about rational versus behavioral approaches to theories of choice. The remainder of the book structures the vast landscape of theories of choice along with three main types: individual, collective, and organizational decision making. As theories of choice proliferate and become ever more sophisticated, however, the process of choosing an adequate theory of choice becomes increasingly intricate. This volume addresses this selection problem for the various legal arenas in which individual, organizational, and collective decisions matter. By drawing on economic, technological, political, and legal points of view, the volume shows which theories of choice are at the disposal of the legally relevant decision-maker, and how they can be operationalized for the solution of concrete legal problems. The editors acknowledge the kind support of the Fritz Thyssen Foundation for an exploratory conference on the subject of the book.

Advances In Economic Theory

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Author : Truman F. Bewley
language : en
Publisher: CUP Archive
Release Date : 1989-07-28

Advances In Economic Theory written by Truman F. Bewley and has been published by CUP Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-07-28 with Business & Economics categories.

These articles should be helpful to anyone with training in economics.

Choice Theory

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Author : Michael Allingham
language : en
Publisher: OUP Oxford
Release Date : 2002-08-22

Choice Theory written by Michael Allingham and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-22 with Business & Economics categories.

We make choices all the time - about trivial matters, about how to spend our money, about how to spend our time, about what to do with our lives. And we are also constantly judging the decisions other people make as rational or irrational. But what kind of criteria are we applying when we say that a choice is rational? What guides our own choices, especially in cases where we don't have complete information about the outcomes? What strategies should be applied in making decisions which affect a lot of people, as in the case of government policy? This book explores what it means to be rational in all these contexts. It introduces ideas from economics, philosophy, and other areas, showing how the theory applies to decisions in everyday life, and to particular situations such as gambling and the allocation of resources. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

The Choice Theory Of Contracts

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Author : Hanoch Dagan
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-17

The Choice Theory Of Contracts written by Hanoch Dagan 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 2017-04-17 with Law categories.

The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

The Theory Of Contract Law

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Author : Peter Benson
language : en
Publisher: Cambridge University Press
Release Date : 2001-02-05

The Theory Of Contract Law written by Peter Benson 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 2001-02-05 with Law categories.

Although the law of contract is largely settled, there appears to be no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. Contract law theory raises issues concerning the relation between law and morality, the role and the importance of rights, the connection between justice and economics, and the distinction between private and public law. This collection of six full-length essays, written by some of the most eminent scholars in the field, explores the general theory of contract law from a variety of theoretical perspectives. The volume addresses a wide range of issues, both methodological and substantive, in the theory and practice of contract law. While the essays build upon past theoretical contributions, they also attempt to take contract theory further and suggest promising ways to develop theory of contract law.

Contract As Promise

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Author : Charles Fried
language : en
Publisher: Oxford University Press, USA
Release Date : 2015

Contract As Promise written by Charles Fried and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Business & Economics categories.

'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.

Welfare Economics And Social Choice Theory

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Author : Allan M. Feldman
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-06-14

Welfare Economics And Social Choice Theory written by Allan M. Feldman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-14 with Business & Economics categories.

This book covers the main topics of welfare economics — general equilibrium models of exchange and production, Pareto optimality, un certainty, externalities and public goods — and some of the major topics of social choice theory — compensation criteria, fairness, voting. Arrow's Theorem, and the theory of implementation. The underlying question is this: "Is a particular economic or voting mechanism good or bad for society?" Welfare economics is mainly about whether the market mechanism is good or bad; social choice is largely about whether voting mechanisms, or other more abstract mechanisms, can improve upon the results of the market. This second edition updates the material of the first, written by Allan Feldman. It incorporates new sections to existing first-edition chapters, and it includes several new ones. Chapters 4, 6, 11, 15 and 16 are new, added in this edition. The first edition of the book grew out of an undergraduate welfare economics course at Brown University. The book is intended for the undergraduate student who has some prior familiarity with microeconomics. However, the book is also useful for graduate students and professionals, economists and non-economists, who want an overview of welfare and social choice results unburdened by detail and mathematical complexity. Welfare economics and social choice both probably suffer from ex cessively technical treatments in professional journals and monographs.

Social Choice Theory

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Author : Jerry S. Kelly
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-09

Social Choice Theory written by Jerry S. Kelly and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-09 with Business & Economics categories.

This is a textbook introducing selected topics in formal social choice theory. Social choice theory studies group choices that are based on information about preferences of members of the group (voting rules being one important special case). This involves economics, which provides the method of modelling individual decision making; political philosophy, which provides criteria about the allocation of decision-influencing power; and game theory, which provides a framework for thinking about the strategies individuals employ in trying to influence the group choice. The goal of this book is to take basic ideas like impossibility theorems, rights exercising and strategy proofness and give the student just enough technical background to be able to understand these ideas in a logically rigorous way. This is done through a set of 250 exercises that constitute the heart of the book and which differentiate this book from all other texts in social choice theory.

Contract Law

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Author : Andrew Stewart
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-21

Contract Law written by Andrew Stewart 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 2019-06-21 with Law categories.

Provides a fresh, topical and accessible account of the Australian law of contract.