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A Contractarian Approach To Law And Justice
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Book Synopsis A Contractarian Approach to Law and Justice by : William E. O’Brian Jr.
Download or read book A Contractarian Approach to Law and Justice written by William E. O’Brian Jr. and published by Routledge. This book was released on 2020-05-20 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a distinctive version of a contractarian approach to law and justice. The work argues that law and justice are social norms that arise from a process of social evolution, and are binding only if and to the extent that they are mutually beneficial. It explicitly rejects accounts of law and justice that are based on morality, on the basis that morality itself is only legitimately founded on mutual advantage. But it also rejects most existing versions of contractarianism, which are based on ideas of hypothetical agreements by rational contractors, in favour of an approach that is based on actually existing social norms, but advocates critically examining these norms and discarding those that are not truly mutually beneficial. The first half of the book develops the approach, while the second half explores some of its implications for law. It argues for a left-libertarian approach to property, an approach largely based on the common law of tort, contract and criminal law, and a rejection of most statutory law, which is based not on mutual advantage but rather on benefiting some at the expense of others. However, it ultimately recognises that there are those who want a more extensive state than this approach allows, and advocates a strong form of federalism to allow this, provided robust exit rights are provided. The book combines political philosophy, economics and law into an approach that is broadly libertarian but distinctive in many respects. It will be of interest to scholars in all three of those disciplines.
Book Synopsis Justice in Transactions by : Peter Benson
Download or read book Justice in Transactions written by Peter Benson and published by Harvard University 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.
Book Synopsis Progressive Corporate Law by : Lawrence E Mitchell
Download or read book Progressive Corporate Law written by Lawrence E Mitchell and published by Routledge. This book was released on 2019-06-26 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting recent re-examinations of the nature and purpose of the modern publicly held corporation, Progressive Corporate Law introduces the reader to alternative perspectives within the field. The contributors to this volume are loosely bound both by their rejection of the prevailing paradigm of the corporation as a public good designed exclusively for the maximization of private profit and by their affirmative goal of designing corporate laws that accord better with the corporation's political and social realities. The resulting series of visions emphasizes communitarian themes of efficiency and morality of responsibility, altruism, and unity within the corporate form as well as between the corporation and the broader society. Progressive Corporate Law is important reading for business executives, lawyers, policymakers, and others who are concerned with the role of corporations in modem life. Designed to act as a springboard for stimulating discussion, it will be a valuable supplement to courses and seminars in corporate law and business ethics.
Book Synopsis The Theory of Contract Law by : Peter Benson
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 A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Book Synopsis Reasonableness and Responsibility: A Theory of Contract Law by : Martín Hevia
Download or read book Reasonableness and Responsibility: A Theory of Contract Law written by Martín Hevia and published by Springer Science & Business Media. This book was released on 2012-09-12 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.
Book Synopsis Philosophical Foundations of Contract Law by : George Letsas
Download or read book Philosophical Foundations of Contract Law written by George Letsas and published by Oxford University Press, USA. This book was released on 2014 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.
Book Synopsis Contract Law and Morality by : Henry Mather
Download or read book Contract Law and Morality written by Henry Mather and published by Praeger. This book was released on 1999-02-28 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining natural law theory, reliance theory, and economic analysis to develop a jurisprudential approach, this is a prescriptive work presenting a vision of what contract law would be like if it were devoted to teaching moral virtue. The jurisprudential approach draws upon insights of Aristotle, Saint Thomas Aquinas, and other thinkers in the natural law tradition. The author applies this approach to selected legal issues to produce the only contemporary book that uses a natural law approach in prescribing specific reforms in American contract law. Although this study is theoretical, the author, who practiced law for more than eight years, explains technical terms for non-specialist readers. The book employs a pluralistic moral theory and presents a serious challenge to contemporary jurisprudential theories that focus on some single dominant value. A key idea is that contract law should teach and employ certain moral principles when applied to legal issues related to enforceability, remedies, offer and acceptance, and nondisclosure. With respect to each issue, the author compares his proposed resolution with the prevailing current law.
Book Synopsis Contract Law Without Foundations by : Prince Saprai
Download or read book Contract Law Without Foundations written by Prince Saprai and published by Oxford University Press. This book was released on 2019-02-28 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.
Book Synopsis Rationality, Justice and the Social Contract by : David P. Gauthier
Download or read book Rationality, Justice and the Social Contract written by David P. Gauthier and published by . This book was released on 1993 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: A multidisciplinary explanation of the contractarian approach to justice.
Book Synopsis Morals and Consent by : Malcolm Murray
Download or read book Morals and Consent written by Malcolm Murray and published by McGill-Queen's Press - MQUP. This book was released on 2017-09-27 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are we meant to behave? And how are we to defend whatever answer we give? Morals and Consent grounds our notion of morality in natural evolution, and from that basis, Malcolm Murray shows why contractarianism is a far more viable moral theory than is widely believed. The scope of Morals and Consent has two main parts: theory and application. In his discussion of theory, Murray defends contractarianism by appealing to evolutionary game theory and metaethical analyses. His main argument is that we are not going to find morality as an objective fact in the world, and that instead, we can understand morality as a reciprocal cooperative trait. From this minimal moral architecture, Murray derives his innovative consent principle. The application of the theory, detailing what contractarians can – or ought to – say about moral matters, takes up the greater portion of the work. Murray offers a trenchant examination of what moral constraints we can claim concerning death (abortion, euthanasia, and capital punishment), sex (pornography, prostitution, and sexual assault), beneficence (toward present and future people, animals, and the environment), and liberty (genetic enhancement, organ sales, and torture). By focusing on evolutionary contractarianism and the epistemic justification of our moral claims – or lack thereof – Malcolm Murray’s Morals and Consent is a serious advance in the field of applied ethics and fills an important void.
Book Synopsis Justice, Fault, and Efficiency in Contract Law by : Larry A. DiMatteo
Download or read book Justice, Fault, and Efficiency in Contract Law written by Larry A. DiMatteo and published by . This book was released on 2017 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article explores some of the core concepts that underlie contract law. It rejects the feasibility of a uniform theory of contract law including a critique of the economic analysis of contract law. The importance of efficient contract rules and efficient contracts is not disputed, but efficiency's explanatory power is limited due to the breadth of contract law, as well as the complexity and dynamism of modern contracting. Behavioral law and economics is introduced as a method for making law and economics more predictive of real world contracting. The article selects three core principles for analysis--justice, fault, and efficiency that help explain the essence of contract law. It also reflects on the tension between freedom of contract and paternalism.
Book Synopsis Encyclopedia of Global Justice by : Deen K. Chatterjee
Download or read book Encyclopedia of Global Justice written by Deen K. Chatterjee and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Encyclopedia is an international, interdisciplinary, and collaborative project, spanning all the relevant areas of scholarship related to issues of global justice, and edited and advised by leading scholars from around the world. The wide-ranging entries present the latest ideas on this complex subject by authors who are at the cutting edge of inquiry.
Book Synopsis Contract and Justice by : Michel Rosenfeld
Download or read book Contract and Justice written by Michel Rosenfeld and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Libertarian Idea by : Jan Narveson
Download or read book The Libertarian Idea written by Jan Narveson and published by Broadview Press. This book was released on 2001-03-05 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Libertarianism is both a philosophy and a political view. The key concepts defining Libertarianism are: Individual Rights as inherent to human beings, not granted by government; a Spontaneous Order through which people conduct their daily interactions and through which society is organized independent of central (government) direction; the Rule of Law which dictates that everyone is free to do as they please so long as they do not infringe upon the rights of others; a Divided and Limited Government, checked by written constitution; Free Markets in which price and exchange is agreed upon mutually by individuals; Virtue of Production whereby the productive labour of the individual and any translation of that labour into earnings belongs, by right, to the individual who should not have to sacrifice those earnings to taxes; and Peace which has, throughout history, most commonly been disrupted by the interests of the ruling class or centralized government.
Book Synopsis The Idea of Justice by : Amartya Sen
Download or read book The Idea of Justice written by Amartya Sen and published by Harvard University Press. This book was released on 2011-05-31 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an analysis of what justice is, the transcendental theory of justice and its drawbacks, and a persuasive argument for a comparative perspective on justice that can guide us in the choice between alternatives.
Book Synopsis Reforming Justice by : Livingston Armytage
Download or read book Reforming Justice written by Livingston Armytage and published by Cambridge University Press. This book was released on 2012-05-03 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Livingston Armytage explores how justice reform can be made more effective.
