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Author: Hanoch Sheinman
Publisher: Oxford University Press
ISBN: 9780199755943
Category : Philosophy
Languages : en
Pages : 304
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Book Description
Promises and agreements are everywhere; we make, receive, keep, and break them on a daily basis. The quest to understand these social practices is integral to understanding ourselves as social creatures. The study of promises and agreements is enjoying a renaissance in many areas of social philosophy, including philosophy of language, action theory, normative ethics, value theory, and legal philosophy. This volume is the first collection of philosophical papers on promises and agreements, bringing together sixteen original self-standing contributions to the philosophical literature. The contributors highlight some of the more interesting aspects of the ubiquitous social phenomena of promises and agreements from different philosophical perspectives.
Author: Hanoch Sheinman
Publisher: Oxford University Press
ISBN: 9780199755943
Category : Philosophy
Languages : en
Pages : 304
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Book Description
Promises and agreements are everywhere; we make, receive, keep, and break them on a daily basis. The quest to understand these social practices is integral to understanding ourselves as social creatures. The study of promises and agreements is enjoying a renaissance in many areas of social philosophy, including philosophy of language, action theory, normative ethics, value theory, and legal philosophy. This volume is the first collection of philosophical papers on promises and agreements, bringing together sixteen original self-standing contributions to the philosophical literature. The contributors highlight some of the more interesting aspects of the ubiquitous social phenomena of promises and agreements from different philosophical perspectives.
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: Martha M. Ertman
Publisher: Beacon Press
ISBN: 0807059404
Category : Family & Relationships
Languages : en
Pages : 281
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Book Description
Blends memoir and legal cases to show how contracts can create family relationships Most people think of love and contracts as strange bedfellows, or even opposites. In Love’s Promises, however, law professor Martha Ertman shows that far from cold and calculating, contracts shape and sustain families. Blending memoir and law, Ertman delves into the legal cases, anecdotes, and history of family law to show that love comes in different packages, each shaped by different contracts and mini-contracts she calls “deals.” Family law should and often does recognize that variety because legal rules, like relationships, aren’t one size fits all. The most common form of family—which Ertman calls “Plan A”—come into being through different kinds of agreements than the more uncommon families that she dubs “Plan B.” Recognizing the contractual core of all families shows that Plan B is neither unnatural nor unworthy of legal recognition, just different. After telling her own moving and often irreverent story about becoming part of a Plan B family of two moms and a dad raising a child, Ertman shows that all kinds of people—straight and gay, married and single, related by adoption or by genetics—use contracts to shape their relationships. As couples navigate marriage, reproductive technologies, adoption, and cohabitation, they encounter contracts. Sometimes hidden and other times openly acknowledged, these contracts ensure that the people they think of as “family” are legally recognized as family in the eyes of the law. Family exchanges can be substantial, like vows of fidelity, or small, like “I cook and you clean.” But regardless of scope, the agreements shape the emotional, social, and financial terrain of family relationships. Seeing the instrumental role contracts will help readers better understand how contracts and deals work in their own families as well as those around them. Both insightful and paradigm-shifting, Love’s Promises lets readers in on the power of contracts and deals to support love in its many forms and to honor the different ways that our nearest and dearest contribute to our daily lives.
Author: Hanoch Sheinman
Publisher: Oxford University Press
ISBN: 0199703272
Category : Philosophy
Languages : en
Pages : 424
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Book Description
Promises and agreements are everywhere; we make, receive, keep, and break them on a daily basis. The quest to understand these social practices is integral to understanding ourselves as social creatures. The study of promises and agreements is enjoying a renaissance in many areas of social philosophy, including philosophy of language, action theory, normative ethics, value theory, and legal philosophy. This volume is the first collection of philosophical papers on promises and agreements, bringing together sixteen original self-standing contributions to the philosophical literature. The contributors highlight some of the more interesting aspects of the ubiquitous social phenomena of promises and agreements from different philosophical perspectives.
Author: Charles Fried
Publisher: Oxford University Press, USA
ISBN: 0190240164
Category : Business & Economics
Languages : en
Pages : 220
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Book Description
'Contract as Promise' is a study of the foundations and structure of contract law. It has both theoretical and pedagogic purposes. It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface. It also includes a lengthy postscript that takes account of scholarly and practical developments in the field over the last thirty years, especially the large and rich law and economics literature.
Author: Hanoch Dagan
Publisher: Edward Elgar Publishing
ISBN: 1788971620
Category : Law
Languages : en
Pages : 520
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Book Description
This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.
Author: Roy Kreitner
Publisher: Stanford University Press
ISBN: 9780804768054
Category : Law
Languages : en
Pages : 268
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Book Description
This book is a history of American contract law around the turn of the twentieth century. It meticulously details shifts in our conception of contract by juxtaposing scholarly accounts of contract with case law, and shows how the cases exhibit conflicts for which scholarship offers just one of many possible answers. Breaking with conventional wisdom, the author argues that our current understanding of contract is not the outgrowth of gradual refinements of a centuries-old idea. Rather, contract as we now know it was shaped by a revolution in private law undertaken toward the end of the nineteenth century, when legal scholars established calculating promisors as the centerpiece of their notion of contract. The author maintains that the revolution in contract thinking is best understood in a frame of reference wider than the rules governing the formation and enforcement of contracts. That frame of reference is a cultural negotiation over the nature of the individual subject and the role of the individual in a society undergoing transformation. Areas of central concern include the enforceability of promises to make gifts; the relationship of contracts to speculation and gambling; and the problem of incomplete contracts.
Author: Hanoch Sheinman
Publisher: OUP USA
ISBN: 0195377958
Category : Law
Languages : en
Pages : 424
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Book Description
Comprising 16 original contributions, this is the first collection of philosophical papers on promises and agreements, topics which are enjoying a renaissance in social, moral and legal philosophy.
Author: Martin Hogg
Publisher: Cambridge University Press
ISBN: 1139496050
Category : Law
Languages : en
Pages : 545
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Book Description
Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective. Part I explores the component elements of promise, its role in Greek thought and Roman law, the importance of the moral duty to keep promises and the development of promissory ideas in medieval legal scholarship. Part II considers the modern contract law of a number of legal systems from a promissory perspective. The focus is on the law of England, Germany and three mixed legal systems (Scotland, South Africa and Louisiana), though other legal systems are also mentioned. Major topics subjected to a promissory analysis include formation of contract, third party rights, contractual remedies and the renunciation of contractual rights. Part III analyses the future role which promise might play in contract law, especially within a harmonised European contract law.
Author: Ian Ayres
Publisher: Yale University Press
ISBN: 0300127138
Category : Law
Languages : en
Pages : 316
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Book Description
How can a promise be a lie? Answer: when the promisor never intended to perform the promise. Such incidences of promissory fraud are frequently litigated because they can result in punitive damages awards. And an insincere promisor can even be held criminally liable. Yet courts have provided little guidance about what the scope of liability should be or what proof should be required. This book—the first ever devoted to the analysis of promissory fraud—answers these questions. Filled with examples of insincere promising from the case law as well as from literature and popular culture, the book is an indispensable guide for those who practice or teach contract law. The authors explore what promises say from the perspectives of philosophy, economics, and the law. They identify four chief mistakes that courts make in promissory fraud cases. And they offer a theory for how courts and practitioners should handle promissory fraud cases.
