Contract Law Without Foundations

Toward a Republican Theory of Contract Law

Nonfiction, Reference & Language, Law, Contracts, Jurisprudence
Cover of the book Contract Law Without Foundations by Prince Saprai, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Prince Saprai ISBN: 9780191084591
Publisher: OUP Oxford Publication: February 21, 2019
Imprint: OUP Oxford Language: English
Author: Prince Saprai
ISBN: 9780191084591
Publisher: OUP Oxford
Publication: February 21, 2019
Imprint: OUP Oxford
Language: English

This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.

More books from OUP Oxford

Cover of the book Antisemitism: A Very Short Introduction by Prince Saprai
Cover of the book Measuring Peace by Prince Saprai
Cover of the book Which People's War? by Prince Saprai
Cover of the book Modal Logic as Metaphysics by Prince Saprai
Cover of the book International Commercial Arbitration in New York by Prince Saprai
Cover of the book Henry James's Style of Retrospect by Prince Saprai
Cover of the book The Law of Armed Conflict and the Use of Force by Prince Saprai
Cover of the book Rocks: A Very Short Introduction by Prince Saprai
Cover of the book Social and Cultural Anthropology: A Very Short Introduction by Prince Saprai
Cover of the book Blackstone's Police Operational Handbook 2019: Law by Prince Saprai
Cover of the book Commentary on Midrash Rabba in the Sixteenth Century by Prince Saprai
Cover of the book Justice in the EU by Prince Saprai
Cover of the book Brentano's Mind by Prince Saprai
Cover of the book The Oxford Companion to Family and Local History by Prince Saprai
Cover of the book Background Practices by Prince Saprai
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy