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Author: Peter Benson
Publisher: Belknap Press
ISBN: 0674237595
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: Peter Benson
Publisher: Belknap Press
ISBN: 0674237595
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: Frank H. Easterbrook
Publisher: Harvard University Press
ISBN: 0674253833
Category : Law
Languages : en
Pages : 386
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Book Description
The authors argue that the rules and practices of corporate law mimic contractual provisions that parties would reach if they bargained about every contingency at zero cost and flawlessly enforced their agreements. But bargaining and enforcement are costly, and corporate law provides the rules and an enforcement mechanism that govern relations among those who commit their capital to such ventures. The authors work out the reasons for supposing that this is the exclusive function of corporate law and the implications of this perspective.
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674235267
Category : Law
Languages : en
Pages : 436
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Book Description
Posner uses economic analysis to probe justice and efficiency, primitive law, privacy, and the constitutional regulation of racial discrimination.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author: Michael J. Sandel
Publisher: Farrar, Straus and Giroux
ISBN: 1429942584
Category : Philosophy
Languages : en
Pages : 246
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Book Description
In What Money Can't Buy, renowned political philosopher Michael J. Sandel rethinks the role that markets and money should play in our society. Should we pay children to read books or to get good grades? Should we put a price on human life to decide how much pollution to allow? Is it ethical to pay people to test risky new drugs or to donate their organs? What about hiring mercenaries to fight our wars, outsourcing inmates to for-profit prisons, auctioning admission to elite universities, or selling citizenship to immigrants willing to pay? In his New York Times bestseller What Money Can't Buy, Michael J. Sandel takes up one of the biggest ethical questions of our time: Isn't there something wrong with a world in which everything is for sale? If so, how can we prevent market values from reaching into spheres of life where they don't belong? What are the moral limits of markets? Over recent decades, market values have crowded out nonmarket norms in almost every aspect of life. Without quite realizing it, Sandel argues, we have drifted from having a market economy to being a market society. In Justice, an international bestseller, Sandel showed himself to be a master at illuminating, with clarity and verve, the hard moral questions we confront in our everyday lives. Now, in What Money Can't Buy, he provokes a debate that's been missing in our market-driven age: What is the proper role of markets in a democratic society, and how can we protect the moral and civic goods that markets do not honor and money cannot buy?
Author: Peter Siviglia
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 236
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Book Description
Exercises in Commercial Transactions trains the reader to deal with commerical problems. While the book deals with traditional encounters, such as employment agreements, shareholder arrangements, partnership agreements, acquisitions, stock redemptions, guarantees, and escrow agreements, its primary function is to develop the thought processes essential to practice as an effective commercial lawyer. All problems, materials and solutions are renderings of actual transactions, and each problem and solution is accompanied by Siviglia's analysis of what was done and why it was done. "The author views the contract drafter as an architect, and the student who is trained by this book will get significant insight into the lawyer's architectural role." -- New York Law Journal "The author can be proud of this book. It is carefully and well done." -- New York State Bar Journal
Author: Paul Barron
Publisher: West Academic Publishing
ISBN: 9780314267511
Category : Security (Law)
Languages : en
Pages : 0
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Book Description
The core of this law school casebook is an extensive set of hypothetical problems designed to force students to come to grips with Article 9 provisions directly, assuming that the student has just been hired as a junior in-house counsel for a mythical bank holding company. It then takes the student through the series of problems generated by various lending subsidiaries. The tone is light, with recurring characters, and footnotes which include the necessary Code citations and case citations to supplement the included materials. This book is intended for teachers who want an in depth treatment of Article 9, believe Article 9 need not be drudgery either for students or instructors, and have a sense of humor. The new edition adds some new problems and text and includes a substantial number of recent cases and secondary sources to the footnotes that will help students both answer the problems and extend their understanding of the concepts being covered.
Author: GEORGE W.. LLOYD KUNEY (ROBERT M.)
Publisher: West Academic Publishing
ISBN: 9781684674558
Category :
Languages : en
Pages : 957
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Book Description
This text covers the materials used in a two semester Contracts course and a Sales course covering U.C.C. article 2. It blends classic common law contract cases with 21st-century opinions and draws heavily upon the problem method of instruction. It compares and contrasts the common law of contracts, the Restatement of the Law Second-Contracts, and Uniform Commercial Code Article 2 rules, as well as the United Nations Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts, and explores their evolution and application. It emphasizes the importance of context to the application of legal principles and discusses the overlap between the knowledge and skills of a litigator and those of a transactional attorney. The fifth edition includes updates covering further developments in the parol evidence rule and evolution of contract doctrine in the wake of technological progress in the twenty first century.
Author: Gregory M. Stein
Publisher: American Bar Association
ISBN: 9781634254861
Category : Commercial real estate
Languages : en
Pages : 624
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Book Description
For proven guidance and techniques for handling a commercial real estate deal, this practical guide will help you negotiate and close the deal. The authors cover each step of a real estate transaction in the order in which it generally arises, and offers pertinent advice, practice comments, and sample forms throughout. Because much of the real estate lawyer's practice revolves around transactional documents, the book's chapters emphasize the drafting, negotiation, and revision needed to get a deal closed. Written by a law professor and two real estate practitioners, this book offers a useful combination of text overview and practice pointers. It helps lawyers with less experience navigate through the maze of steps involved in a real estate transaction. At the same time, it serves as a valuable reference for more seasoned attorneys as well as those whose practice is concentrated in other areas of the law. Downloadable forms are available online.
Author: James J. White
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 504
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Book Description
The book deals with some of the most complex and interesting modern transactions such as "repos" and "securitization." To offset the complexities of the subject matter, however, Professor White has made this text extremely user-friendly. Every chapter has extensive expository introductory material to help the student get oriented. This manageably-sized book is organized by transaction (e.g., loans on equipment, loans on inventory, etc.), rather than code section (e.g., attachment, perfection, etc.), so that students can see how various transactions develop, rather than learning about sections of the code out of context.
