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Contract Law And Social Morality
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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: A concise and readable guide to reasoning about the source and content of contractual obligations when disagreements arise.
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 Property Law and Social Morality by : Peter M. Gerhart
Download or read book Property Law and Social Morality written by Peter M. Gerhart and published by Cambridge University Press. This book was released on 2014 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist). By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.
Book Synopsis The Dignity of Commerce by : Nathan B. Oman
Download or read book The Dignity of Commerce written by Nathan B. Oman and published by University of Chicago Press. This book was released on 2017-01-19 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks a broader understanding of the moral possibilities of the market. Just as Shakespeare’s Shylock can stand on his contract with Antonio not because Antonio is bound by honor but because the enforcement of contracts is seen as important to maintaining a kind of social arrangement, today’s contracts serve a fundamental role in the functioning of society. With The Dignity of Commerce, Nathan B. Oman argues persuasively that well-functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another’s point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction. The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.
Book Synopsis From Promise to Contract by : Dori Kimel
Download or read book From Promise to Contract written by Dori Kimel and published by Bloomsbury Publishing. This book was released on 2003-03-14 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal theory of contract is traditionally associated with the view according to which contract law can be explained simply as a mechanism for the enforcement of promises. The book bucks this trend by offering a theory of contract law based on a careful philosophical investigation of not only the similarities,but also the much-overlooked differences between contract and promise. Drawing on an analysis of a range of issues pertaining to the moral underpinnings of promissory and contractual obligations, the relationships in the context of which they typically feature, and the nature of the legal and moral institutions that support them, the book argues for the abandonment of the over-simplified notion that the law can systematically replicate existing moral or social institutions or simply enforce the rights or the obligations to which they give rise, without altering these institutions in the process and while leaving their intrinsic qualities intact. In its place the book offers an intriguing thesis concerning not only the relationship between contract and promise, but also the distinct functions and values that underlie contract law and explain contractual obligation. In turn, this thesis is shown to have an important bearing on theoretical and practical issues such as the choice of remedy for breach of contract, and broader concerns of political morality such as the appropriate scope of the freedom of contract and the role of the state in shaping and regulating contractual activity. The book's arguments on such issues, while rooted in distinctly liberal principles of political morality, often produce very different conclusions to those traditionally associated with liberal theory of contract, thus lending it a new lease of life in the face of its traditional as well as contemporary critiques.
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 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 Law, Economics, and Morality by : Eyal Zamir
Download or read book Law, Economics, and Morality written by Eyal Zamir and published by Oxford University Press. This book was released on 2010-02-24 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis (CBA) is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good (or bad) is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking in methodological rigor and precision. Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism.
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 Contract as Promise by : Charles Fried
Download or read book Contract as Promise written by Charles Fried and published by . This book was released on 1981 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has two purposes: a theoretical purpose, to show how a complex legal institution, contract, can be traced to and is determined by a small number of basic moral principles; and a pedagogic purpose, to display for students the underlying structure of this basic legal institution. The author argues that that the promise principle - that principle by which persons can impose upon themselves obligations where none existed before - is the moral basis of contract law.
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 A Theory of Contract Law by : Peter A. Alces
Download or read book A Theory of Contract Law written by Peter A. Alces and published by Oxford University Press. This book was released on 2011-04-07 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. These theories have proceeded primarily (indeed, necessarily) from deontological and consequentialist premises. In A Theory of Contract Law: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the leading interpretive theories of contract and demonstrates their doctrinal failures. Professor Alces presents the leading canonical cases that inform the extant theories of Contract law in both their historical and transactional contexts and argues that moral psychology provides a better explanation for the contract doctrine than do alternative comprehensive interpretive approaches.
Book Synopsis An Essay on the Doctrine of Contracts by : Gulian Crommelin Verplanck
Download or read book An Essay on the Doctrine of Contracts written by Gulian Crommelin Verplanck and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the first edition. In his discussion of early American works on contract law in The Transformation of American Law Horwitz observes that "nowhere were [its] underlying bases more brilliantly and systematically rethought" than in Verplanck's Essay (281). Indeed, compared to those of Dane and Story, "Verplanck's reconsideration of the philosophical foundations of contract law was by far the most penetrating among the American treatise writers" (283). It is a landmark in the development of the will theory of contract and an elaborate critique of the doctrine of caveat emptor, which had recently been adopted by the U.S. Supreme Court in Laidlaw v. Organ (1817). On a broader level, this key work is interesting for its insights into the tandem development of contract law and the market economy on the cusp of the economic boom of the 1820s.
Book Synopsis Foundational Principles of Contract Law by : Melvin A. Eisenberg
Download or read book Foundational Principles of Contract Law written by Melvin A. Eisenberg and published by Oxford University Press. This book was released on 2018-09-20 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation.
Book Synopsis War By Agreement by : Yitzhak Benbaji
Download or read book War By Agreement written by Yitzhak Benbaji and published by Oxford University Press. This book was released on 2019-10-03 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: War by Agreement presents a new theory on the ethics of war. It shows that wars can be morally justified at both the ad bellum level (the political decision to go to war) and the in bello level (its actual conduct by the military)by accepting a contractarian account of the rules governing war. According to this account, the rules of war are anchored in a mutually beneficial and fair agreement between the relevant players - the purpose of which is to promote peace and to reduce the horrors of war. The book relies on the long social contract tradition and illustrates its fruitfulness in understanding and developing the morality and the law of war.
Book Synopsis Practices and Principles by : Mark Tunick
Download or read book Practices and Principles written by Mark Tunick and published by Princeton University Press. This book was released on 2021-03-09 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Japanese woman living in California attempts parent-child suicide, an ancient Japanese custom called "oyako-shinju," in order to rid herself of shame upon learning that her husband has a mistress. She survives, but her two children are drowned in the attempt. Since her attempt was made in accordance with the standards of Japanese culture, should she be tried by the standards and laws of the United States? Are there universally valid moral principles that dictate what is right? Or are moral judgments culturally relative, ultimately dictated by conventions and practices that vary among societies? In Practices and Principles, Mark Tunick takes up the debate between universalists and relativists, and, in political philosophy, between communitarians and liberals, each of which has roots in an earlier debate between Kant and Hegel. Tunick focuses on three case studies: promises, contract law, and the Fourth Amendment issue of privacy. In his analysis, he rejects both uncritical deference to social practice and draconian adherence to principles when making legal and ethical judgments. He argues that we do not always need to choose between abstract principles and social practices. Sometimes we appeal to both; sometimes we need to appeal to shared social norms; and sometimes, where there is no ethical community, we can appeal only to principles. Ultimately, Tunick rejects simplified arguments that force us to choose between either practices or principles, universalism or relativism, and liberalism or communitarianism.
Book Synopsis Ethics and the Rule of Law by : David Lyons
Download or read book Ethics and the Rule of Law written by David Lyons and published by Cambridge University Press. This book was released on 1984 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.
