Philosophical Foundations of Contract Law
- ISBN-10
- 019102208X
- ISBN-13
- 9780191022081
- Category
- Law
- Pages
- 500
- Language
- English
- Published
- 2014-12-18
- Publisher
- OUP Oxford
- Authors
- George Letsas, Gregory Klass, Prince Saprai
Description
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.
Get the book
Other editions
Similar books
-
Philosophical Foundations of Language in the Law
By Scott Soames, Andrei MarmorThis collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law.
-
Contract Law Without Foundations: Toward a Republican Theory of Contract Law
By Prince SapraiThis book advances a theoretical account of contract law, grounded in value pluralism.
-
The Philosophical Origins of Modern Contract Doctrine
By James GordleyThis is the route taken by such scholars as John Rawls” and Charles Fried,” who are trying to found the law of contract on Kantian principles. It is the method, too, of adherents of the law and economics movement, who try to ground ...
-
Philosophical Foundations of Property Law
By Henry Smith, James PennerThe papers in this volume are a first step towards filling this gap in the philosophical analysis of private law.
-
Philosophical Foundations of the Law of Equity
By Henry E. Smith, Dennis Klimchuk, Irit SametIn this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and ...
-
Contract as Promise: A Theory of Contractual Obligation
By Charles FriedThis book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles.
-
Philosophical Foundations of Evidence Law
By Alex Stein, Christian Dahlman, Giovanni Tuzet57 Ross and Nisbett 1991, 91. 58 Ross and Nisbett 1991, xiv. See, e.g., Lieberman and Arndt 2000. 60 Darley and Baton 1973. 61 Ross and Nisbett 1991,4. 62 Hartshorne and May 1928. 47 48 51 53 59 3 Proven Facts, Beliefs, and Reasoned ...
-
Philosophical Foundations of Tort Law
By David G. Owencol. 296 (9 Apr. 1827) (Substituting direct for indirect speech). '6 See infra, text accompanying notes 65-70. '7 The maxim was a primary ground for the judgment of Bayley and Holroyd J] in Ilott v. Wilkes. '8 4 Bing. 628, 130 ER. 911.
-
Philosophical Foundations of the Law of Equity
By Henry E. Smith, Dennis Klimchuk, Irit SametIn this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and ...
-
Philosophical Foundations of Labour Law
By Gillian Lester, Hugh Collins, Virginia MantouvalouThe first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.