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Author: William E. O’Brian Jr.
Publisher: Routledge
ISBN: 1000071618
Category : Business & Economics
Languages : en
Pages : 328
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Book Description
This book presents a distinctive version of a contractarian approach to law and justice. The work argues that law and justice are social norms that arise from a process of social evolution, and are binding only if and to the extent that they are mutually beneficial. It explicitly rejects accounts of law and justice that are based on morality, on the basis that morality itself is only legitimately founded on mutual advantage. But it also rejects most existing versions of contractarianism, which are based on ideas of hypothetical agreements by rational contractors, in favour of an approach that is based on actually existing social norms, but advocates critically examining these norms and discarding those that are not truly mutually beneficial. The first half of the book develops the approach, while the second half explores some of its implications for law. It argues for a left-libertarian approach to property, an approach largely based on the common law of tort, contract and criminal law, and a rejection of most statutory law, which is based not on mutual advantage but rather on benefiting some at the expense of others. However, it ultimately recognises that there are those who want a more extensive state than this approach allows, and advocates a strong form of federalism to allow this, provided robust exit rights are provided. The book combines political philosophy, economics and law into an approach that is broadly libertarian but distinctive in many respects. It will be of interest to scholars in all three of those disciplines.
Author: William E. O’Brian Jr.
Publisher: Routledge
ISBN: 1000071618
Category : Business & Economics
Languages : en
Pages : 328
Get Book
Book Description
This book presents a distinctive version of a contractarian approach to law and justice. The work argues that law and justice are social norms that arise from a process of social evolution, and are binding only if and to the extent that they are mutually beneficial. It explicitly rejects accounts of law and justice that are based on morality, on the basis that morality itself is only legitimately founded on mutual advantage. But it also rejects most existing versions of contractarianism, which are based on ideas of hypothetical agreements by rational contractors, in favour of an approach that is based on actually existing social norms, but advocates critically examining these norms and discarding those that are not truly mutually beneficial. The first half of the book develops the approach, while the second half explores some of its implications for law. It argues for a left-libertarian approach to property, an approach largely based on the common law of tort, contract and criminal law, and a rejection of most statutory law, which is based not on mutual advantage but rather on benefiting some at the expense of others. However, it ultimately recognises that there are those who want a more extensive state than this approach allows, and advocates a strong form of federalism to allow this, provided robust exit rights are provided. The book combines political philosophy, economics and law into an approach that is broadly libertarian but distinctive in many respects. It will be of interest to scholars in all three of those disciplines.
Author: Peter Benson
Publisher: Harvard University Press
ISBN: 0674241991
Category : Law
Languages : en
Pages : 625
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Book Description
“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
Author: Martín Hevia
Publisher: Springer Science & Business Media
ISBN: 9400746040
Category : Law
Languages : en
Pages : 185
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Book Description
If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.
Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Category : Philosophy
Languages : en
Pages : 624
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Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Author: Deen K. Chatterjee
Publisher: Springer Science & Business Media
ISBN: 1402091591
Category : Electronic books
Languages : en
Pages : 1213
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Book Description
This encyclopedia provides a premier reference guide for students, scholars, policy makers, and others interested in assessing the moral consequences of global interdependence and understanding the concepts and arguments that shed light on the myriad aspects of global justice.
Author: Peter Benson
Publisher: Cambridge University Press
ISBN: 0521640385
Category : Law
Languages : en
Pages : 365
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Book Description
Essays addressing a variety of issues in the theory and practice of contract law.
Author: Lawrence E Mitchell
Publisher: Routledge
ISBN: 1000308316
Category : Law
Languages : en
Pages : 488
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Book Description
Reflecting recent re-examinations of the nature and purpose of the modern publicly held corporation, Progressive Corporate Law introduces the reader to alternative perspectives within the field. The contributors to this volume are loosely bound both by their rejection of the prevailing paradigm of the corporation as a public good designed exclusively for the maximization of private profit and by their affirmative goal of designing corporate laws that accord better with the corporation's political and social realities. The resulting series of visions emphasizes communitarian themes of efficiency and morality of responsibility, altruism, and unity within the corporate form as well as between the corporation and the broader society. Progressive Corporate Law is important reading for business executives, lawyers, policymakers, and others who are concerned with the role of corporations in modem life. Designed to act as a springboard for stimulating discussion, it will be a valuable supplement to courses and seminars in corporate law and business ethics.
Author: David P. Gauthier
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 224
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Book Description
A multidisciplinary explanation of the contractarian approach to justice.
Author: Tracey E. George
Publisher: Wolters Kluwer
ISBN: 9781543815597
Category : Law
Languages : en
Pages : 0
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Book Description
The perfect casebook for the modern Contracts course. This highly-focused, case-based text offers a comprehensive treatment of the basic issues of contract law and emphasizes development of analogical reasoning skills. Each section is limited to three types of materials (brief narrative, judicial opinions, and discussion problems) and is designed to teach students how to read opinions, analyze issues, distinguish material from immaterial facts, and apply holdings to similar problems. New to the Third Edition: New discussion problems have been added throughout the book to better enable the students to apply the material learned from the principle cases to new factual situations and then learn how judges have dealt with those situations. New narrative material, cases, and discussion problems have been added on the topic of contract interpretation, the most common source of contract law disputes. Professors and student will benefit from: Lean, focused text with a 2-color design that can be taught, cover-to-cover, in a one-semester course Sections that are limited to three types of materials (brief narrative, judicial opinions, and discussion problems), which best promote the teaching and learning of the method of legal reasoning Both classic and contemporary cases are edited to include sufficient background and reasoning for students to analyze the court’s decision Discussion problems present summarized facts from real cases
Author: Jan Narveson
Publisher: Broadview Press
ISBN: 9781551114217
Category : Political Science
Languages : en
Pages : 392
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Book Description
Libertarianism is both a philosophy and a political view. The key concepts defining Libertarianism are: Individual Rights as inherent to human beings, not granted by government; a Spontaneous Order through which people conduct their daily interactions and through which society is organized independent of central (government) direction; the Rule of Law which dictates that everyone is free to do as they please so long as they do not infringe upon the rights of others; a Divided and Limited Government, checked by written constitution; Free Markets in which price and exchange is agreed upon mutually by individuals; Virtue of Production whereby the productive labour of the individual and any translation of that labour into earnings belongs, by right, to the individual who should not have to sacrifice those earnings to taxes; and Peace which has, throughout history, most commonly been disrupted by the interests of the ruling class or centralized government.
