OXFORD UNIVERSITY PRESS

Philosophical Foundations of Contract Law

ISBN : 9780198713012

参考価格(税込): 
¥17,534
著者: 
Gregory Klass; George Letsas; Prince Saprai
関連カテゴリー
ページ
416 ページ
フォーマット
Hardcover
サイズ
177 x 253 mm
刊行日
2015年01月
メール送信
印刷

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.

目次: 

Introduction
PART I: THEORETICAL APPROACHES
1. The Ambitions of Contract as Promise
2. Contract is not Promise
Contract is Consent
3. Is There a Reason to Keep a Promise?
4. Does a Promise Transfer a Right?
5. Personal Autonomy and Change of Mind in Promise and in Contract
6. Promises, Agreements, and Contracts
7. Contract as Fact and as Reason
8. The Practice of Promise and Contract
9. Economic Foundations of Contract Law
10. Distributive Justice and Contract
PART II: DOCTRINAL ANALYSIS
11. 1. An Analytic Framework for Legal Evaluation of Boilerplate
12. Merchant Law in a Modern Economy
13. Good Faith as Contract's Core Value
14. The Nature of Vitiating Factors in Contract Law
15. Mitigation, Fairness and Contract Law
16. Remedies for Breach of Contract: One Principle or Two?
17. Efficient Breach

著者について: 

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.

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