Philosophical Foundations of Contract Law

Gregory Klass, George Letsas, Prince Saprai (Herausgeber)

Buch | Softcover

408 Seiten

2016
Oxford University Press (Verlag)
978-0-19-871302-9 (ISBN)

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The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.

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.

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.

PART I: THEORETICAL APPROACHES; PART II: DOCTRINAL ANALYSIS

Erscheinungsdatum	15.10.2016
Reihe/Serie	Philosophical Foundations of Law
Verlagsort	Oxford
Sprache	englisch
Maße	176 x 246 mm
Gewicht	688 g
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht
ISBN-10	0-19-871302-9 / 0198713029
ISBN-13	978-0-19-871302-9 / 9780198713029
Zustand	Neuware