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Contract Theory

Contract Theory Author Stephen A. Smith
ISBN-10 9780191018817
Release 2004-03-25
Pages 480
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This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.



The Philosophical Origins of Modern Contract Doctrine

The Philosophical Origins of Modern Contract Doctrine Author James Gordley
ISBN-10 9780191029615
Release 1993-02-11
Pages 272
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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.



An Introduction to the Law of Contract

An Introduction to the Law of Contract Author P. S. Atiyah
ISBN-10 0198259530
Release 1995
Pages 479
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The last edition of this book saw a major restructuring of the whole work, and in particular, to stress the resurgence of freedom of contract ideology, and to introduce some basic economic issues in contract law. In this edition, the general shape and structure of the book have been left untouched, although as with previous editions, the whole work has been completely updated and modernized by replacing old and outdated examples with more modern questions with which the student may be assumed to be more familiar. The aims of the book remain unchanged: to supply a basic introduction, not merely to the law of contract, but also to theories and policies and ideas underlying the subject. In addition, the author has constantly resorted to a modern historical approach, giving the student some sense of how the law has developed over the past 100 years or so. widely recognized as one of the most interesting and innovative books to have been published in the last 25 years, An Introduction to the Law of Contract remains as popular today with students and their teachers as it was when it was first published.



Atiyah s Introduction to the Law of Contract

Atiyah s Introduction to the Law of Contract Author Stephen A. Smith
ISBN-10 9780191018244
Release 2006-02-09
Pages 480
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Atiyah's Introduction to the Law of Contract is a well-known text through which thousands of university students have first encountered the law of contract, and the new edition has long been eagerly awaited by university teachers and students. This sixth edition, updated by Stephen Smith, continues to provide readers with an introduction to the theories, policies, and ideas that underlie the law, placing an equal emphasis on the law and critical analysis. In particular, the discussion of recent cases and legislation is centred on why contract law is the way it is, whether it can be justified, and, if not, what should be done to improve it. The sixth edition has been revised to place the law of contract in a modern context and to account for recent developments in the law, as well as those in academic thinking and writing. Addressing European influences and including perspectives from comparative law, this remains a stimulating and authoritative exposition of the modern law of contract.



Natural Law and Natural Rights

Natural Law and Natural Rights Author John Finnis
ISBN-10 9780199599134
Release 2011-04-07
Pages 494
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Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.



Philosophical Foundations of Contract Law

Philosophical Foundations of Contract Law Author Gregory Klass
ISBN-10 9780191022081
Release 2014-12-18
Pages 500
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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.



The Conflict of Laws

The Conflict of Laws Author Adrian Briggs
ISBN-10 9780191668630
Release 2013-04-25
Pages 434
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Adrian Briggs' invaluable introduction to the study of the conflict of laws provides a survey and analysis of the rules of private international law as they apply in England. The volume covers general principles, jurisdiction, and the effect of foreign judgments; choice of law for contractual and non-contractual obligations, the private international law of property, of persons, and of corporations. It does so in a manner which explains and illuminates the principles which underpin the subject in a clear and coherent fashion, as the wealth of literature, case law, and legislation often obscures the architecture of the subject and unnecessarily complicates study. This new edition organizes its material in light of European legislation on private international law, reflecting the shift towards understanding private international law as European law with a common law background instead of common law with European legislative influences. The author's approach is focused on the law and avoids the more abstract theory; as the theory of the conflict of laws is actually to be found in and by applying the legislation and jurisprudence to the cases and issues which arise in private international litigation and legal advice.



Philosophy of Private Law

Philosophy of Private Law Author William Lucy
ISBN-10 9780198700685
Release 2007
Pages 444
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On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the natureand foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation and wrongfulness. Part II considers arguments purporting to show that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the booka number of distinctions - between conceptual and normative argument, between jurisprudential 'theory' and private law 'practice', between legal obligation and moral obligation - are analyzed, the aim being to give students an informed grasp of both the limits and possibilities of the philosophy of private law.



Equity

Equity Author Sarah Worthington
ISBN-10 9780191018619
Release 2006-08-17
Pages 400
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This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises.



Contract Law

Contract Law Author Brian H. Bix
ISBN-10 9781139576635
Release 2012-10-15
Pages
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To gain a deep understanding of contract law, one needs to master not only the rules and principles of the field, but also its underlying theory and justification, and its long and intricate history. This book offers an accessible introduction to all aspects of American contract law, useful to both first-year law students and advanced contract scholars. The book is grounded on up-to-date scholarship and contains detailed references to cases, statutes, Restatements and international legal principles. The book takes the reader from contract formation through interpretation and remedies, considering both the practical and theoretical aspects throughout. Each chapter also includes helpful lists of suggested further reading.



Law and Legal Theory in England and America

Law and Legal Theory in England and America Author Richard A. Posner
ISBN-10 9780198264712
Release 1996
Pages 134
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This work consists of a revised version of the first "Clarendon Law Lectures" delivered in October 1995. The book presents a comparative analysis of the English and American legal systems.



The Dignity of Commerce

The Dignity of Commerce Author Nathan B. Oman
ISBN-10 9780226415666
Release 2017-01-19
Pages 304
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Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks a broader understanding of the moral possibilities of the market. Just as Shakespeare’s Shylock can stand on his contract with Antonio not because Antonio is bound by honor but because the enforcement of contracts is seen as important to maintaining a kind of social arrangement, today’s contracts serve a fundamental role in the functioning of society. With The Dignity of Commerce, Nathan B. Oman argues persuasively that well-functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another’s point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction. The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.



The Idea of Arbitration

The Idea of Arbitration Author Jan Paulsson
ISBN-10 9780191620935
Release 2013-11-21
Pages 336
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What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It exlores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life. Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitraton can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes? This volume explores what the parties can expect of an arbitrator, and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.



The Anthropology of Law

The Anthropology of Law Author Fernanda Pirie
ISBN-10 9780199696840
Release 2013-10
Pages 268
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Questions about the nature of law, its relationship with custom, and the distinctive form of legal rules, categories, and reasoning, are placed at the centre of this introduction to the anthropology of law. It brings empirical scholarship within the scope of legal philosophy, while suggesting new avenues of inquiry for the anthropologist. Going beyond the functional and instrumental aspects of law that underlie traditional ethnographic studies of order and conflict resolution, The Anthropology of Law considers contemporary debates on human rights and new forms of property, but also delves into the rich corpus of texts and codes studied by legal historians, classicists, and orientalist scholars. Studies of the great legal systems of ancient China, India, and the Islamic world, unjustly neglected by anthropologists, are examined alongside forms of law created on their peripheries. The coutumes of medieval Europe, the codes drawn up by tribal groups in Tibet and the Yemen, village laws on both sides of the Mediterranean, and the intricate codes of saga in Iceland provide rich empirical detail for the author's analysis of the cross-cultural importance of the form of law, as text or rule, and the relative marginality of its functions as an instrument of government or foundation of social order. Carefully-selected examples shed new light upon the interrelations and distinctions between law, custom, and justice. Gradually an argument unfolds concerning the tensions between legalistic thought and argument, and the ideological or aspirational claims to embody justice, morality, and religious truth which lie at the heart of what we think of as law.



The Concept of Law

The Concept of Law Author HLA Hart
ISBN-10 9780191630071
Release 2012-10-25
Pages 400
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Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work.



An Introduction to Administrative Law

An Introduction to Administrative Law Author Peter Cane
ISBN-10 0198764650
Release 1996-01-01
Pages 401
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Like previous editions of this book the third edition Cane's Introduction to Administrative Law provides a clear and relatively short statement of the most important rules concerning judicial control of governmental administrative activity. It also provides a wider framework for understanding those rules. This framework is provided by considering the constitutional context of judicial control, the relationship between judicial control and other mechanisms for checking administrative activity, and the impact of judicial control on the agencies subject to it. What emerges clearly from considering judicial control in this wider context is that the role of the courts in adjudicating complaints about governmental administrative action is not that of mutual arbiter but that of active participant in the public decision-making process. This book provides students and their teachers with a concise but critical analysis of the law. Reviews of previous editions: "An extremely useful and thought-provoking book." Public Law "Cane's book, the most recent in the Clarendon Law Series, maintains the highest standards of its predecessor. It provides the newcomer to administrative law with a clear coherent review of the subject. It is a flowing and well-written text and as an introduction Cane's book admirably fulfills his purpose." Cambridge Law Journal "Mr Cane has clarity and a sense of proportion isolating the structure of the subject such as it is bringing out important underlying themes and discussing the major controversies with critical insights. It deserves to be widely read. It sets the beginner firmly upon the right track and contains ideas and insights which would stimulate even the most hard-bitten veteran." Law Quarterly Review.



Philosophical Foundations of Tort Law

Philosophical Foundations of Tort Law Author David G. Owen
ISBN-10 9780198258476
Release 1995
Pages 510
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This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel. A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.