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Binding Promises

Author : W. David Slawson
Publisher : Princeton University Press
ISBN 13 : 1400821967
Total Pages : 219 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Binding Promises by : W. David Slawson

Download or read book Binding Promises written by W. David Slawson and published by Princeton University Press. This book was released on 1996-07-08 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: During its classical period, American contract law had three prominent characteristics: nearly unlimited freedom to choose the contents of a contract, a clear separation from the law of tort (the law of civil wrongs), and the power to make contracts without regard to the other party's ability to understand them. Combining incisive historical analysis with a keen sense of judicial politics, W. David Slawson shows how judges brought the classical period to an end about 1960 with a period of reform that continues to this day. American contract law no longer possesses any of the prominent characteristics of its classical period. For instance, courts now refuse to enforce standard contracts according to their terms; they implement the consumer's reasonable expectations instead. Businesses can no longer count on making the contracts they want: laws for certain industries or for businesses generally set many business obligations regardless of what the contracts say. A person who knowingly breaches a contract and then tries to avoid liability is subject to heavy penalties. As Slawson demonstrates, judges accomplished all these reforms, although with some help from scholars. Legislation contributed very little despite its presence in massive amounts and despite the efforts of modern institutions of law reform such as the Conference of Commissioners on Uniform State Laws. Slawson argues persuasively that this comparison demonstrates the superiority of judge-made law to legislation for reforming private law of any kind.

Promises, Oaths, and Vows

Author : Herbert J. Schlesinger
Publisher : Taylor & Francis
ISBN 13 : 1135469512
Total Pages : 231 pages
Book Rating : 4.1/5 (354 download)

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Book Synopsis Promises, Oaths, and Vows by : Herbert J. Schlesinger

Download or read book Promises, Oaths, and Vows written by Herbert J. Schlesinger and published by Taylor & Francis. This book was released on 2011-07-21 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considering that getting along in civil society is based on the expectation that (most) people will do what they say they will do, i.e., essentially live up to their explicit or implicit promises, it is amazing that so little scientific attention has been given to the act of promising. A great deal of research has been done on the moral development of children, for example, but not on the child’s ability to make and keep a promise, one of the highest moral achievements. What makes it possible developmentally, cognitively, and emotionally to make a promise in the first place? And on the other hand, what compels one to keep a promise (or vow or threat) when there seems to be no personal advantage in doing so, and even when harm can be predicted? How do we know when a promise is offered seriously to be taken at face value, and how do we understand that another is only a polite gesture, not to be taken seriously? In Promises, Oaths, and Vows: On the Psychology of Promising, Herbert Schlesinger addresses these questions, drawing on the literature of moral development in children; the psychotherapy of a patient who regularly broke promises that were unnecessary in the first place; those who were regarded as "promising youngsters" who did not fulfill their "promise"; and those who feared making a promise, a commitment, or a threat out of fear that, once made, the utterance would take on a life of its own and could never be taken back. Furthermore, he illustrates his conclusions by examining the widespread use of promising in classical literature, such as Greek drama and the plays of Shakespeare, as well as the motivating and reifying power of the promise in Western religious traditions. With a style honed over the penning of two previous books, Schlesinger once again produces a work grounded in a firm analytic sensibility, but which also retains the wit and candor of the seasoned analyst. His seminal investigation of this all but neglected topic in the clinical literature is as timely as it is scholarly, and – with the title firmly in mind – Promises, Oaths, and Vows is assured to be a worthy addition to any clinician’s library and a provoking investigation into Nietzsche’s notion of man as "the animal who makes promises."

Promises of States under International Law

Author : Christian Eckart
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318770
Total Pages : 356 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Promises of States under International Law by : Christian Eckart

Download or read book Promises of States under International Law written by Christian Eckart and published by Bloomsbury Publishing. This book was released on 2012-01-10 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Textbooks on international law, dicta of the International Court of Justice and the International Law Commission's 'Guiding Principles applicable to unilateral declarations of states capable of creating legal obligations' of 2006, all reflect the fact that in international law a state's unilateral declaration can create a legally binding obligation. Unilateral declarations are common, as a look at the weekly headlines of any major newspaper will reveal. Many of the declarations made at the highest level are, of course, vaguely expressed and carry no tangible legal commitment. But others deliver a very clear message: for instance the US's April 2010 declaration on its future use of nuclear weapons or Kosovo's declaration of independence and pledge to follow the Ahtisaari Plan, are two recent and prominent examples of unilateral declarations at the international level. The same sources, however, also reveal that while state promises are accepted as a means for states to create full blown legal commitments, the law governing such declarations is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law. After a brief introduction state promises in international law are defined and contrasted with other unilateral acts of states, and the history of promises in state practice and court decisions is delineated, together with scholarly opinion. The book then provides a detailed picture of the international legal framework governing promises of states, and ends with a brief assessment of the raison d'être for promises as a binding mechanism in international law, along with their advantages and disadvantages in comparison with the classical mechanism for assuming international obligations - the international treaty. This is currently the only book to present a comprehensive overview of the legal effect of promises by states in international law.

Promises from GOD'S WORD

Author : Baker Publishing Group
Publisher : Baker Books
ISBN 13 : 0801072298
Total Pages : 352 pages
Book Rating : 4.8/5 (1 download)

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Book Synopsis Promises from GOD'S WORD by : Baker Publishing Group

Download or read book Promises from GOD'S WORD written by Baker Publishing Group and published by Baker Books. This book was released on 2009-09 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of every promise to believers that is recorded in Scripture. This pocket-sized book is a treasure trove of inspiration, biblical guidance for daily challenges.

Promises and Agreements

Author : Hanoch Sheinman
Publisher : OUP USA
ISBN 13 : 0195377958
Total Pages : 424 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Promises and Agreements by : Hanoch Sheinman

Download or read book Promises and Agreements written by Hanoch Sheinman and published by OUP USA. This book was released on 2011-03-17 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprising 16 original contributions, this is the first collection of philosophical papers on promises and agreements, topics which are enjoying a renaissance in social, moral and legal philosophy.

Promises and Contract Law

Author : Martin Hogg
Publisher : Cambridge University Press
ISBN 13 : 1139496050
Total Pages : 545 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Promises and Contract Law by : Martin Hogg

Download or read book Promises and Contract Law written by Martin Hogg and published by Cambridge University Press. This book was released on 2011-07-14 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective. Part I explores the component elements of promise, its role in Greek thought and Roman law, the importance of the moral duty to keep promises and the development of promissory ideas in medieval legal scholarship. Part II considers the modern contract law of a number of legal systems from a promissory perspective. The focus is on the law of England, Germany and three mixed legal systems (Scotland, South Africa and Louisiana), though other legal systems are also mentioned. Major topics subjected to a promissory analysis include formation of contract, third party rights, contractual remedies and the renunciation of contractual rights. Part III analyses the future role which promise might play in contract law, especially within a harmonised European contract law.

Calculating Promises

Author : Roy Kreitner
Publisher : Stanford University Press
ISBN 13 : 9780804768054
Total Pages : 268 pages
Book Rating : 4.7/5 (68 download)

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Book Synopsis Calculating Promises by : Roy Kreitner

Download or read book Calculating Promises written by Roy Kreitner and published by Stanford University Press. This book was released on 2006-12-08 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a history of American contract law around the turn of the twentieth century. It meticulously details shifts in our conception of contract by juxtaposing scholarly accounts of contract with case law, and shows how the cases exhibit conflicts for which scholarship offers just one of many possible answers. Breaking with conventional wisdom, the author argues that our current understanding of contract is not the outgrowth of gradual refinements of a centuries-old idea. Rather, contract as we now know it was shaped by a revolution in private law undertaken toward the end of the nineteenth century, when legal scholars established calculating promisors as the centerpiece of their notion of contract. The author maintains that the revolution in contract thinking is best understood in a frame of reference wider than the rules governing the formation and enforcement of contracts. That frame of reference is a cultural negotiation over the nature of the individual subject and the role of the individual in a society undergoing transformation. Areas of central concern include the enforceability of promises to make gifts; the relationship of contracts to speculation and gambling; and the problem of incomplete contracts.

Analyzing Electoral Promises with Game Theory

Author : Yasushi Asako
Publisher : Routledge
ISBN 13 : 1000207072
Total Pages : 114 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Analyzing Electoral Promises with Game Theory by : Yasushi Asako

Download or read book Analyzing Electoral Promises with Game Theory written by Yasushi Asako and published by Routledge. This book was released on 2020-09-23 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electoral promises help to win votes and political candidates, or parties should strategically choose what they can deliver to win an election. Past game-theoretical studies tend to ignore electoral promises and this book sheds illuminating light on the functions and effects of electoral promises on policies or electoral outcomes through game theory models. This book provides a basic framework for game-theoretical analysis of electoral promises. The book also includes cases to illustrate real life applications of these theories.

Claiming a Promised Inheritance

Author : Alexandra Braun
Publisher : Oxford University Press
ISBN 13 : 0198757255
Total Pages : 417 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Claiming a Promised Inheritance by : Alexandra Braun

Download or read book Claiming a Promised Inheritance written by Alexandra Braun and published by Oxford University Press. This book was released on 2022-09-08 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned scholar of comparative private law Alexandra Braun examines the law of testamentary promises, details what happens when these promises are broken, and compares how and when the interests of beneficiaries of testamentary promises are protected across a number of legal systems.

A Treatment of the Fundamental Principles of the Law of Contracts

Author : Carl Frederick Helm
Publisher :
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis A Treatment of the Fundamental Principles of the Law of Contracts by : Carl Frederick Helm

Download or read book A Treatment of the Fundamental Principles of the Law of Contracts written by Carl Frederick Helm and published by . This book was released on 1914 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Promises on Prior Obligations at Common Law

Author : Kevin M. Teeven
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1567509495
Total Pages : 238 pages
Book Rating : 4.5/5 (675 download)

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Book Synopsis Promises on Prior Obligations at Common Law by : Kevin M. Teeven

Download or read book Promises on Prior Obligations at Common Law written by Kevin M. Teeven and published by Bloomsbury Publishing USA. This book was released on 1998-08-27 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: An historical analysis of the development and reform of the law of prior obligations as expressed in preexisting duty rule and past consideration rule. Teeven's principal focus is on the judicial rationalization of common law reforms to partially remove the bar to enforcement of promises grounded in the past. This study traces American deviations from English common law doctrine over the past two centuries in developing theories to overcome traditional impediments to recovery presented by the law of prior obligations. It also explores ideas for further reforms found buried in past case law. The growing unease with both the dashing of legitimate consensual expectations and the perceived unfairness to naive, ill-informed, and otherwise disadvantaged parties served as the impetus for liberalization of the exclusive contract bargain test. The resultant reforms adhered to the modern realist emphasis on fairness. The expansion of contractual liability to include promises looking to the past encompasses some of the most important reforms of the consideration contract since its genesis. As a consequence, contractual liability can no longer be defined solely in terms of bargain consideration since contract law now includes a broader range of promissory liability.

Love's Promises

Author : Martha M. Ertman
Publisher : Beacon Press
ISBN 13 : 0807059404
Total Pages : 281 pages
Book Rating : 4.8/5 (7 download)

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Book Synopsis Love's Promises by : Martha M. Ertman

Download or read book Love's Promises written by Martha M. Ertman and published by Beacon Press. This book was released on 2016-05-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blends memoir and legal cases to show how contracts can create family relationships Most people think of love and contracts as strange bedfellows, or even opposites. In Love’s Promises, however, law professor Martha Ertman shows that far from cold and calculating, contracts shape and sustain families. Blending memoir and law, Ertman delves into the legal cases, anecdotes, and history of family law to show that love comes in different packages, each shaped by different contracts and mini-contracts she calls “deals.” Family law should and often does recognize that variety because legal rules, like relationships, aren’t one size fits all. The most common form of family—which Ertman calls “Plan A”—come into being through different kinds of agreements than the more uncommon families that she dubs “Plan B.” Recognizing the contractual core of all families shows that Plan B is neither unnatural nor unworthy of legal recognition, just different. After telling her own moving and often irreverent story about becoming part of a Plan B family of two moms and a dad raising a child, Ertman shows that all kinds of people—straight and gay, married and single, related by adoption or by genetics—use contracts to shape their relationships. As couples navigate marriage, reproductive technologies, adoption, and cohabitation, they encounter contracts. Sometimes hidden and other times openly acknowledged, these contracts ensure that the people they think of as “family” are legally recognized as family in the eyes of the law. Family exchanges can be substantial, like vows of fidelity, or small, like “I cook and you clean.” But regardless of scope, the agreements shape the emotional, social, and financial terrain of family relationships. Seeing the instrumental role contracts will help readers better understand how contracts and deals work in their own families as well as those around them. Both insightful and paradigm-shifting, Love’s Promises lets readers in on the power of contracts and deals to support love in its many forms and to honor the different ways that our nearest and dearest contribute to our daily lives.

The Enforceability of Promises in European Contract Law

Author : James Gordley
Publisher : Cambridge University Press
ISBN 13 : 1139428632
Total Pages : 514 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Enforceability of Promises in European Contract Law by : James Gordley

Download or read book The Enforceability of Promises in European Contract Law written by James Gordley and published by Cambridge University Press. This book was released on 2001-07-12 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.

The Economy of Promises

Author : Bruce G. Carruthers
Publisher : Princeton University Press
ISBN 13 : 069123809X
Total Pages : 408 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The Economy of Promises by : Bruce G. Carruthers

Download or read book The Economy of Promises written by Bruce G. Carruthers and published by Princeton University Press. This book was released on 2024-08-20 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and illuminating account of the history of credit in America—and how it continues to divide the haves from the have-nots The Economy of Promises is a far-reaching study of credit in nineteenth- and twentieth-century America. Synthesizing and surveying economic and social history, Bruce Carruthers examines how issues of trust stitch together the modern U.S. economy. In the case of credit, that trust involves a commitment by debtors to repay money they have borrowed from lenders. Each promise poses a fundamental question: why does the lender trust the borrower? The book tracks the dramatic shift from personal qualitative judgments to the impersonal quantitative measurements of credit scores and ratings, which make lending on a much greater scale possible. It discusses how lending is shaped by the shadow of failure, and the possibility that borrowers will break their promises and fail to repay their debts. It reveals how credit markets have been shaped by public policy, regulatory changes, and various political factors. And, crucially, it explains how credit interacts with economic inequality, contributing to vast and enduring racial and gender differences—which are only exacerbated by the widespread use of credit scores and ratings for “big data” and algorithmic decision-making. Bringing to life the complicated and abstract terrain of human interaction we call the economy, The Economy of Promises is an important study of the tangle of indebtedness that, for better or worse, shapes and defines American lives.

Foundation Stones of Success

Author : Edwin Markham
Publisher :
ISBN 13 :
Total Pages : 398 pages
Book Rating : 4.X/5 (3 download)

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Book Synopsis Foundation Stones of Success by : Edwin Markham

Download or read book Foundation Stones of Success written by Edwin Markham and published by . This book was released on 1917 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Corpus Juris

Author : William Mack
Publisher :
ISBN 13 :
Total Pages : 1312 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Corpus Juris by : William Mack

Download or read book Corpus Juris written by William Mack and published by . This book was released on 1917 with total page 1312 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.