Philosophical Foundations of Contract Law
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Philosophical Foundations of Contract Law: (Philosophical Foundations of Law)

Philosophical Foundations of Contract Law: (Philosophical Foundations of Law)


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About the Book

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.

Table of Contents:
Gregory Klass: Introduction Part I: Theoretical Approaches 1: Charles Fried: The Ambitions of Contract as Promise 2: Randy E. Barnett: Contract is not Promise; Contract is Consent 3: Joseph Raz: Is There a Reason to Keep a Promise? 4: Daniel Owens: Does a Promise Transfer a Right? 5: Dori Kimel: Personal Autonomy and Change of Mind in Promise and in Contract 6: J.E. Penner: Promises, Agreements, and Contracts 7: Charlie Webb: Contract as Fact and as Reason 8: Liam Murphy: The Practice of Promise and Contract 9: Avery W. Katz: Economic Foundations of Contract Law 10: Aditi Bagchi: Distributive Justice and Contract Part II: Doctrinal Analysis 11: Margaret Jane Radin: 1. An Analytic Framework for Legal Evaluation of Boilerplate 12: Lisa Bernstein: Merchant Law in a Modern Economy 13: Daniel Markovits: Good Faith as Contract's Core Value 14: Mindy Chen-Wishart: The Nature of Vitiating Factors in Contract Law 15: George Letsas and Prince Saprai: Mitigation, Fairness and Contract Law 16: Stephen A. Smith: Remedies for Breach of Contract: One Principle or Two? 17: Gregory Klass: Efficient Breach

About the Author :
Gregory Klass is Professor of Law at Georgetown University. His works include Insincere Promises (with Ian Ayres, Yale, 2005), and Contract Law in the USA (Kluwer, 2nd ed. 20 12). George Letsas is Reader in Philosophy of Law and Human Rights at University College, London. His work includes A Theory of Interpretation of the ECHR (OUP, 2007). Prince Saprai is Lecturer in Law at University College, London. His research focuses on the theory of private law.

Review :
`Anyone interested in theoretical discussions of contract law would be well advised to read this book... the book offers a treasure of scholarly material to satisfy a wide range of interests,,, Philosophical Foundations of Contract Law is exemplary in the consistently high quality of the pieces, from first to last.' Brian Bix, Cambridge Law Journal


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Product Details
  • ISBN-13: 9780198713029
  • Publisher: Oxford University Press
  • Binding: Paperback
  • Language: English
  • Series Title: Philosophical Foundations of Law
  • Weight: 688 gr
  • ISBN-10: 0198713029
  • Publisher Date: 20 Oct 2016
  • Height: 246 mm
  • No of Pages: 408
  • Spine Width: 22 mm
  • Width: 176 mm


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