Philosophical Foundations of Contract Law

Nonfiction, Reference & Language, Law, Contracts, Jurisprudence
Cover of the book Philosophical Foundations of Contract Law by , OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9780191022081
Publisher: OUP Oxford Publication: December 18, 2014
Imprint: OUP Oxford Language: English
Author:
ISBN: 9780191022081
Publisher: OUP Oxford
Publication: December 18, 2014
Imprint: OUP Oxford
Language: English

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.

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

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.

More books from OUP Oxford

Cover of the book Law and Gender by
Cover of the book The General in Winter by
Cover of the book Landmark Papers in Allergy by
Cover of the book The Oxford Handbook of State and Local Government by
Cover of the book Desperate Remedies by
Cover of the book The European Convention on Human Rights and the Conflict in Northern Ireland by
Cover of the book The Bible: A Very Short Introduction by
Cover of the book Moral Victories by
Cover of the book Pierre et Jean by
Cover of the book The Soviet Union: A Very Short Introduction by
Cover of the book Japanese Law by
Cover of the book Selected Letters by
Cover of the book McMeel on The Construction of Contracts by
Cover of the book Enlightenment Contested by
Cover of the book The Physics of Solids by
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