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Autonomy Pluralism And Contract Theory
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Book Synopsis The Choice Theory of Contracts by : Hanoch Dagan
Download or read book The Choice Theory of Contracts written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2017-04-17 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.
Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Book Synopsis Contract Law and Social Morality by : Peter M. Gerhart
Download or read book Contract Law and Social Morality written by Peter M. Gerhart and published by Cambridge University Press. This book was released on 2021-02-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.
Book Synopsis Minimal Morality by : Michael Moehler
Download or read book Minimal Morality written by Michael Moehler and published by Oxford University Press. This book was released on 2018 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Moehler develops a novel multilevel social contract theory tailored to the conditions of societies that are deeply morally pluralistic. Such societies must cope with a variety of values and traditions: Moehler defines the minimal behavioral restrictions that are necessary to ensure mutually beneficial peaceful long-term cooperation.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Book Synopsis Autonomy and Liberalism by : Ben Colburn
Download or read book Autonomy and Liberalism written by Ben Colburn and published by Routledge. This book was released on 2010-01-21 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book concerns the foundations and implications of a particular form of liberal political theory. Colburn argues that one should see liberalism as a political theory committed to the value of autonomy, understood as consisting in an agent deciding for oneself what is valuable and living life in accordance with that decision. Understanding liberalism this way offers solutions to various problems that beset liberal political theory, on various levels. On the theoretical level, Colburn claims that this position is the only defensible theory of liberalism in current circulation, arguing that other more dominant theories are either self-contradictory or unattractive on closer inspection. And on the practical level, Colburn draws out the substantive commitments of this position in educational, economic, and social policy. Hence, the study provides a blueprint for a radical liberal political agenda which will be of interest to philosophers and to politicians alike.
Book Synopsis Rationalism, Pluralism, and Freedom by : Jacob T. Levy
Download or read book Rationalism, Pluralism, and Freedom written by Jacob T. Levy and published by OUP Oxford. This book was released on 2014-12-18 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intermediate groups— voluntary associations, churches, ethnocultural groups, universities, and more-can both protect threaten individual liberty. The same is true for centralized state action against such groups. This wide-ranging book argues that, both normatively and historically, liberal political thought rests on a deep tension between a rationalist suspicion of intermediate and local group power, and a pluralism favorable toward intermediate group life, and preserving the bulk of its suspicion for the centralizing state. The book studies this tension using tools from the history of political thought, normative political philosophy, law, and social theory. In the process, it retells the history of liberal thought and practice in a way that moves from the birth of intermediacy in the High Middle Ages to the British Pluralists of the twentieth century. In particular it restores centrality to the tradition of ancient constitutionalism and to Montesquieu, arguing that social contract theory's contributions to the development of liberal thought have been mistaken for the whole tradition. It discusses the real threats to freedom posed both by local group life and by state centralization, the ways in which those threats aggravate each other. Though the state and intermediate groups can check and balance each other in ways that protect freedom, they may also aggravate each other's worst tendencies. Likewise, the elements of liberal thought concerned with the threats from each cannot necessarily be combined into a single satisfactory theory of freedom. While the book frequently reconstructs and defends pluralism, it ultimately argues that the tension is irreconcilable and not susceptible of harmonization or synthesis; it must be lived with, not overcome.
Book Synopsis Philosophical Foundations of Contract Law by : Gregory Klass
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.
Book Synopsis From Promise to Contract by : Dori Kimel
Download or read book From Promise to Contract written by Dori Kimel and published by Hart Publishing. This book was released on 2003-03-14 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers a careful philosophical investigation of the similarities and the much-overlooked differences between contract and promise.
Book Synopsis Party Autonomy in Private International Law by : Alex Mills
Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Book Synopsis The Pluralist Theory of the State by : Paul Q. Hirst
Download or read book The Pluralist Theory of the State written by Paul Q. Hirst and published by Routledge. This book was released on 2005-08-03 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: English political pluralism is a challenging school of political thought, neglected in recent years but now enjoying a revival of interest. It is particularly relevant today because it offers a critique of centralized sovereign state power. The leading theorists of the pluralist state were G.D.H. Cole, J.N. Figgis and H.J. Laski, and this volume brings together their most important ideas, making accessible a crucial body of work on radical political theory. It includes their major writings, mostly out of print and difficult to obtain, and here gathered together in an anthology for the first time. Current in the first two decades of this century, English political pluralism offered a convincing critique of state sovereignty and proposed a decentralized and federated form of authority - pluralism - in which the affairs of society would be conducted by self-governing and independent associations. Paul Hirst's comprehensive introduction situates English political pluralism historically and gives a critical account of its main theoretical themes and the debate surrounding them. The book will be of interest to those who see radical reform as vital for the future health of democracy, to students of political theory and the history of political thought and also to students of jurisprudence and legal theory interested in the pluralist debate as it affects the concept of legal sovereignty.
Book Synopsis Contract as Promise by : Charles Fried
Download or read book Contract as Promise written by Charles Fried and published by Oxford University Press, USA. This book was released on 2015 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.
Book Synopsis The Limits of Freedom of Contract by : Michael J. Trebilcock
Download or read book The Limits of Freedom of Contract written by Michael J. Trebilcock and published by Harvard University Press. This book was released on 1997-03-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
Book Synopsis Justice and the Social Contract by : Samuel Freeman
Download or read book Justice and the Social Contract written by Samuel Freeman and published by Oxford University Press. This book was released on 2009-04-24 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Samuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls' work and is arguably Rawls' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these articles will be useful to a wide range of scholars interested in Rawls and the expanse of his influence.
Book Synopsis A Liberal Theory of Property by : Hanoch Dagan
Download or read book A Liberal Theory of Property written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2021-04-15 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Book Synopsis The Dignity of Commerce by : Nathan Oman
Download or read book The Dignity of Commerce written by Nathan Oman and published by University of Chicago Press. This book was released on 2016 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Dignity of Commerce is a rigorous and novel exploration of moral justification of contract law through how it fosters well-functioning markets. Nathan B. Oman demonstrates how contract law deals overwhelmingly with the matters of commercial exchange, and how commerce in turn breeds habits of mind, or virtues, that support a liberal society. He also shows how markets provide a framework for peaceful cooperation across the fault lines of race, culture, religion, and politics that outdo even democratic political institutions. The Dignity of Commerce is ambitious in its aims and its conclusions and the implications are powerful. It is sure to elicit a serious discussion at the very heart of one of the most central areas of legal studies, and Nathan B. Oman has provided a clear, engaging, and comprehensive vehicle to get the discussion started.
Book Synopsis The Law and Ethics of Restitution by : Ḥanokh Dagan
Download or read book The Law and Ethics of Restitution written by Ḥanokh Dagan and published by Cambridge University Press. This book was released on 2004-08-12 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2004 book provides acomprehensive account of the American law of restitution.
