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Contract And Justice
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Book Synopsis Justice in Transactions by : Peter Benson
Download or read book Justice in Transactions written by Peter Benson and published by Belknap 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 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.
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 Broken Contract by : Richard D. Kahlenberg
Download or read book Broken Contract written by Richard D. Kahlenberg and published by Univ of Massachusetts Press. This book was released on 1999 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1986, 70 percent of the first-year class of Harvard Law School wanted to pursue careers in public-interest law. Ten years later, the same percentage of this class was pursuing careers in private corporate firms. How is it that these students began their careers interested in using law as a vehicle for social change, but ended up in those very law firms most resistant to change? How are law students able to reconcile liberal politics with careers in corporate law? Richard D. Kahlenberg's Broken Contract serves to warn prospective law students on the transformation that happens during the second and third years. His memoir explores the intense competitiveness and insidious pressure leading to jobs that are lucrative, prestigious, and challenging-but ultimately unsatisfying. Though Broken Contract doesn't seek to convince every law student to go into public service, Kahlenberg means to challenge and restructure our social institutions to make it easier to follow our impulses toward good instead of toward the goods.
Book Synopsis New York Contract Law by : Glen Banks
Download or read book New York Contract Law written by Glen Banks and published by . This book was released on 2014 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Social Contract Theory for a Diverse World by : Ryan Muldoon
Download or read book Social Contract Theory for a Diverse World written by Ryan Muldoon and published by Taylor & Francis. This book was released on 2016-10-14 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract theory that focuses on diverse perspectives. It offers a new moral stance that author Ryan Muldoon calls, "The View From Everywhere," which allows for substantive, fundamental moral disagreement. This stance is used to develop a bargaining model in which agents can cooperate despite seeing different perspectives. Rather than arguing for an ideal contract or particular principles of justice, Muldoon outlines a procedure for iterated revisions to the rules of a social contract. It expands Mill's conception of experiments in living to help form a foundational principle for social contract theory. By embracing this kind of experimentation, we move away from a conception of justice as an end state, and toward a conception of justice as a trajectory. Listen to Robert Talisse interview Ryan Muldoon about Social Contract Theory for a Diverse World on the podcast, New Books in Philosophy: http://tinyurl.com/j9oq324 Also, read Ryan Muldoon’s related Niskanen Center article, "Diversity and Disagreement are the Solution, Not the Problem," published Jan. 10, 2017: https://niskanencenter.org/blog/diversity-disagreement-solution-not-problem/
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 The Contract and Domination by : Carole Pateman
Download or read book The Contract and Domination written by Carole Pateman and published by John Wiley & Sons. This book was released on 2013-04-23 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract and Domination offers a bold challenge to contemporary contract theory, arguing that it should either be fundamentally rethought or abandoned altogether. Since the publication of John Rawls's A Theory of Justice, contract theory has once again become central to the Western political tradition. But gender justice is neglected and racial justice almost completely ignored. Carole Pateman and Charles Mills's earlier books, The Sexual Contract (1988) and The Racial Contract (1997), offered devastating critiques of gender and racial domination and the contemporary contract tradition's silence on them. Both books have become classics of revisionist radical democratic political theory. Now Pateman and Mills are collaborating for the first time in an interdisciplinary volume, drawing on their insights from political science and philosophy. They are building on but going beyond their earlier work to bring the sexual and racial contracts together. In Contract and Domination, Pateman and Mills discuss their differences about contract theory and whether it has a useful future, excavate the (white) settler contract that created new civil societies in North America and Australia, argue via a non-ideal contract for reparations to black Americans, confront the evasions of contemporary contract theorists, explore the intersections of gender and race and the global sexual-racial contract, and reply to their critics. This iconoclastic book throws the gauntlet down to mainstream white male contract theory. It is vital reading for anyone with an interest in political theory and political philosophy, and the systems of male and racial domination.
Download or read book Contracts written by DANIEL P. O'GORMAN and published by . This book was released on 2021-04-29 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Government Contract Law by : Charles Tiefer
Download or read book Government Contract Law written by Charles Tiefer and published by . This book was released on 2004 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid developments in government contract law of the late 1990s and early 2000s have necessitated a new edition of this casebook, which offers the first contemporary one-volume casebook for a Government Contracts course. All chapters have been updated with new cases and notes, and two entirely new chapters have been added to ensure that the book's coverage is complete. The casebook makes government contract law accessible to readers of all backgrounds, from second-year law students who have taken only basic contract law, to commercial lawyers and non-lawyer government contract professionals seeking a broad, legally-focused introduction to the field. While all the traditional areas of interest receive coverage, the book emphasizes cases from increasingly important areas such as high technology, health care, commercial products, and state needs. Tiefer and Shook bring academic and practitioner experience and expertise to their treatment of government contract law. A teacher's manual is available.
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.
Book Synopsis Theologians and Contract Law by : Wim Decock
Download or read book Theologians and Contract Law written by Wim Decock and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.
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 Introduction to the Law of Contracts by : Terry H. Bitting
Download or read book Introduction to the Law of Contracts written by Terry H. Bitting and published by Delmar Thomson Learning. This book was released on 1999-08 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this well-respected text presents a "road-map" approach for thinking about contract problems. Steps include choice of law, contract formation, unenforceable contracts, breach of contract, and plaintiffs' remedies. The rules of the law are presented first as theory, followed by an example and either a paralegal exercise or a case, so that students can relate the abstract to a concrete set of facts. The text also teaches students how to analyze a contract problem using common law and a code approach (articles 1 and 2 of the UCC).
Book Synopsis Racism in America by : Harvard University Press
Download or read book Racism in America written by Harvard University Press and published by Harvard University Press. This book was released on 2020-08-06 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Racism in America has been the subject of serious scholarship for decades. At Harvard University Press, we’ve had the honor of publishing some of the most influential books on the subject. The excerpts in this volume—culled from works of history, law, sociology, medicine, economics, critical theory, philosophy, art, and literature—are an invitation to understand anti-Black racism through the eyes of our most incisive commentators. Readers will find such classic selections as Toni Morrison’s description of the Africanist presence in the White American literary imagination, Walter Johnson’s depiction of the nation’s largest slave market, and Stuart Hall’s theorization of the relationship between race and nationhood. More recent voices include Khalil Gibran Muhammad on the pernicious myth of Black criminality, Elizabeth Hinton on the link between mass incarceration and 1960s social welfare programs, Anthony Abraham Jack on how elite institutions continue to fail first-generation college students, Mehrsa Baradaran on the racial wealth gap, Nicole Fleetwood on carceral art, and Joshua Bennett on the anti-Black bias implicit in how we talk about animals and the environment. Because the experiences of non-White people are integral to the history of racism and often bound up in the story of Black Americans, we have included writers who focus on the struggles of Native Americans, Latinos, and Asians as well. Racism in America is for all curious readers, teachers, and students who wish to discover for themselves the complex and rewarding intellectual work that has sustained our national conversation on race and will continue to guide us in future years.
Book Synopsis The Disabled Contract by : Jonas-Sébastien Beaudry
Download or read book The Disabled Contract written by Jonas-Sébastien Beaudry and published by Cambridge University Press. This book was released on 2022-09-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social contract theories generally predicate the authority of rules that govern society on the idea that these rules are the product of a contractual agreement struck between members of society. These theories embody values, such as equality, reciprocity and rationality, that are highly prized within our culture. Yet a closer inspection reveals that these features exclude other important values, relations and even persons from the realm of contractual morality and justice, especially people with severe intellectual disabilities. Jonas-Sébastien Beaudry explores the moral status of intellectually disabled people in social contract thought and argues that this tradition needs to be revisited to include the most vulnerable. Addressing this problem will have concrete repercussions in law and policy, because many issues that people with disabilities face are connected to deeply rooted assumptions about their status as full citizens or full members of our moral, political and legal communities.
Book Synopsis Inside Contract Law by : Michael B. Kelly
Download or read book Inside Contract Law written by Michael B. Kelly and published by Aspen Publishing. This book was released on 2010-12-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With dynamic learning features and visual aids, the Inside Series helps you make the most of your study time, throughout the semester and as you prepare for the final. Unlike heavily abridged treatises, the Inside Series is carefully written in a concise, straightforward style that clearly identifies the essential components of the law and how they fit together. You can quickly learn what is important and why. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you how each relates to the larger legal framework. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars give fascinating additional detail from legal history, policy, famous cases and more. The graphic design supports your visual learning, and features such as bolded key terms, summaries, and Connections help reinforce your understanding while giving you ample opportunity for self-review. Surprisingly concise, visually compelling, the Inside Series is extremely useful throughout the semester to help you identify the essential components of the law and how they fit together. Comprehensive coverage of the essential topics emphasizes what you need to know and why. Clear, straightforward, informal writing explains every topic for you without over-simplifying the concepts. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you why each matters and how it fits into the larger framework of the law. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars enrich the text with fascinating detail from legal history, policy, famous cases and more. Bolded key terms, Connections and summaries reinforce your understanding and give you ample opportunity for self-review. The overall graphical design of the series supports your visual learning.
