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The Philosophical Origins Of Modern Contract Doctrine
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Book Synopsis The Philosophical Origins of Modern Contract Doctrine by : James Gordley
Download or read book The Philosophical Origins of Modern Contract Doctrine written by James Gordley and published by Clarendon Press. This book was released on 1993-02-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.
Book Synopsis Boilerplate by : Margaret Jane Radin
Download or read book Boilerplate written by Margaret Jane Radin and published by Princeton University Press. This book was released on 2014-11-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
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 The History and Philosophy of the Metaphysical Movements in America by : J. Stillson Judah
Download or read book The History and Philosophy of the Metaphysical Movements in America written by J. Stillson Judah and published by Philadelphia : Westminster Press. This book was released on 1967 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Heidegger's Concept of Truth by : Daniel O. Dahlstrom
Download or read book Heidegger's Concept of Truth written by Daniel O. Dahlstrom and published by Cambridge University Press. This book was released on 2001 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Dealing with a crucial aspect of the philosophy of one of the great thinkers of the twentieth century, this book will be especially important to all scholars and students of Heidegger, whether in philosophy, theology, or literary studies."--BOOK JACKET.
Book Synopsis Plato and the Elements of Dialogue by : John H. Fritz
Download or read book Plato and the Elements of Dialogue written by John H. Fritz and published by Lexington Books. This book was released on 2015-11-11 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Plato and the Elements of Dialogue examines Plato’s use of the three necessary elements of dialogue: character, time, and place. By identifying and taking up striking employments of these features from throughout Plato’s work, this book seeks to map their functions and importance. By focusing on the Symposium, Cratylus, and Republic, this book shows three ways that characters can be related to what they do and what they say. Next, the book takes up ‘displacement’ by focusing on the Hippias Major, arguing that individual characters can be expanded by the repeated practice of asking them to consider a question from a point of view other than their own. This ties into the treatments of ‘thinking’ in the Theaetetus and Sophist. The Parmenides, Lysis, and Philebus are examined to come to a better understanding of the functions of the settings (times/places) of Plato’s dialogues, while a reading of the beginning of the of the Phaedo shows how Plato can expand the settings of the dialogues by using ‘frames’ in order to direct his readers. Last, this book takes up the ‘critique of writing’ that closes the Phaedrus.
Book Synopsis Heidegger and the Measure of Truth by : Denis McManus
Download or read book Heidegger and the Measure of Truth written by Denis McManus and published by Oxford University Press. This book was released on 2012-11-29 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Denis McManus presents a novel account of Martin Heidegger's early vision of our subjectivity and the world we inhabit. He explores key elements of Heidegger's philosophy, and argues that Heidegger's central claims identify genuine demands that must be met if we are to achieve the feat of thinking determinate thoughts about the world around us.
Book Synopsis Introducing Prophetic Pragmatism by : Jacob L. Goodson
Download or read book Introducing Prophetic Pragmatism written by Jacob L. Goodson and published by Rowman & Littlefield. This book was released on 2019-08-01 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prophetic pragmatism is a gritty philosophical framework that undergirds the intellectual and political work done by those who seek to overcome despair, dogmatism, and oppression. It seeks to unite one’s intellectual vocation and one’s duty to fight for justice. Cognizant of the ways in which political forces affect thought, while also requiring political action to not be so sure of itself that it simply replaces one oppressive structure with another, prophetic pragmatism requires a critical temper through the mode of Socratic questioning. Introducing Prophetic Pragmatism argues that hope lies between critical temper and democratic faith. Socratic questioning, prophetic witness, and tragicomic hope open a space for democratic energies to flourish against the forces of nihilism and poverty. Critical temper keeps democratic faith from becoming too idealistic and Pollyannaish, and democratic faith keeps critical temper from being pessimistic about the ability to change current realities. These twin pillars provide the best and most helpful framework for understanding the nature and purpose of prophetic pragmatism. Through their dialogue, Jacob L. Goodson and Brad Elliott demonstrate why prophetic pragmatism is, in the words of Cornel West, “pragmatism at its best.”
Download or read book Plato: Laws 10 written by Plato and published by Oxford University Press on Demand. This book was released on 2008-02-07 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Book 10 of the Laws sets out Plato's last thoughts on the gods, piety, and religion. Robert Mayhew presents a new English translation of this important text with a detailed commentary that highlights its philosophical, political, and religious significance.
Book Synopsis Philosophy of Fearism by : R. Michael Fisher and Desh Subba
Download or read book Philosophy of Fearism written by R. Michael Fisher and Desh Subba and published by Xlibris Corporation. This book was released on 2016-01-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about a new philosophy that takes a specific focus on see the critical historical and everyday importance of the nature and role of fear in human existence. We seem to be at a time when fear has taken the lead and we are not yet able to understand it and manage it well enough. It is causing major problems from wars, to terrorism, to deterioration of our institutions which are operating in a culture of fear. Our health is deteriorating under the excess of fear in the world today. No other philosophy, not rationalism, existentialism or pragmatism etc., has given this focus to fear as does the philosophy of fearism. It is an original synthesis of an Eastern philosophy of fearism (developed by Desh Subba, from Nepal) and a Western philosophy of fearlessness (developmed by R. Michael Fisher). The book brings forth their unified vision of a Fearless Age that awaits humanity if we better learn how to manage fear and teach about it with a new lens. Subba calls this a fearist lens, and Fisher calls it a fearlessness lens. Together, working independently for the past 20 years, they each have recently met to collaborate on this global project and movement as "one philosophy of fearism." This is an essential text for leaders, students, parents, professionals and diverse people. Although it is not a self-help book, is goes deeper into helping our entire societies transform their relationship to fear and fearlessness. A must read for those who love philosophy and thinking critically about the 21st century.
Book Synopsis The State and Freedom of Contract by :
Download or read book The State and Freedom of Contract written by and published by Stanford University Press. This book was released on 1998-09 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).
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 2014-12-19 with total page 500 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 Kierkegaard's Philosophy of Becoming by : Clare Carlisle
Download or read book Kierkegaard's Philosophy of Becoming written by Clare Carlisle and published by State University of New York Press. This book was released on 2012-02-01 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Søren Kierkegaard's proposal of "repetition" as the new category of truth signaled the beginning of existentialist thought, turning philosophical attention from the pursuit of objective knowledge to the movement of becoming that characterizes each individual's life. Focusing on the theme of movement in his 1843 pseudonymous texts Either/Or, Repetition, and Fear and Trembling, Clare Carlisle presents an original and illuminating interpretation of Kierkegaard's religious thought, including newly translated material, that emphasizes equally its philosophical and theological significance. Kierkegaard complained of a lack of movement not only in Hegelian philosophy but also in his own "dreadful still life," and his heroes are those who leap, dance, and make journeys—but what do these movements signify, and how are they accomplished? How can we be true to ourselves, let alone to others if we are continually becoming? Carlisle explores these questions to uncover both the philosophical and the literary coherence of Kierkegaard's notoriously enigmatic authorship.
Download or read book The Far Right Today written by Cas Mudde and published by John Wiley & Sons. This book was released on 2019-10-25 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: The far right is back with a vengeance. After several decades at the political margins, far-right politics has again taken center stage. Three of the world’s largest democracies – Brazil, India, and the United States – now have a radical right leader, while far-right parties continue to increase their profile and support within Europe. In this timely book, leading global expert on political extremism Cas Mudde provides a concise overview of the fourth wave of postwar far-right politics, exploring its history, ideology, organization, causes, and consequences, as well as the responses available to civil society, party, and state actors to challenge its ideas and influence. What defines this current far-right renaissance, Mudde argues, is its mainstreaming and normalization within the contemporary political landscape. Challenging orthodox thinking on the relationship between conventional and far-right politics, Mudde offers a complex and insightful picture of one of the key political challenges of our time.
Book Synopsis The Province of Legislation Determined by : David Lieberman
Download or read book The Province of Legislation Determined written by David Lieberman and published by Cambridge University Press. This book was released on 2002-07-18 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive account of English legal thought in the age of Blackstone and Bentham for nearly a century, The Province of Legislation Determined advances an ambitious reinterpretation of eighteenth-century attitudes to social change and law reform. Professor Lieberman's bold synthesis rests on a wide survey of legal materials and on a detailed discussion of Blackstone's Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the chief justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the legislative science of Jeremy Bentham. The study relates legal developments to the broader fabric of eighteenth-century social and political theory, and offers a novel assessment of the character of the common law tradition and of Bentham's contribution to the ideology of reform.
Author :Theodore Frank Thomas Plucknett Publisher :The Lawbook Exchange, Ltd. ISBN 13 :1584771372 Total Pages :828 pages Book Rating :4.5/5 (847 download)
Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
