The Choice Theory of Contracts

The Choice Theory of Contracts PDF Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 1107135982
Category : Law
Languages : en
Pages : 195

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Book Description
The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

The Choice Theory of Contracts

The Choice Theory of Contracts PDF Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 1107135982
Category : Law
Languages : en
Pages : 195

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Book Description
The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Justice in Transactions

Justice in Transactions PDF 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.

Contract Theory

Contract Theory PDF Author: Patrick Bolton
Publisher: MIT Press
ISBN: 9780262025768
Category : Business & Economics
Languages : en
Pages : 746

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Book Description
A comprehensive introduction to contract theory, emphasizing common themes and methodologies as well as applications in key areas. Despite the vast research literature on topics relating to contract theory, only a few of the field's core ideas are covered in microeconomics textbooks. This long-awaited book fills the need for a comprehensive textbook on contract theory suitable for use at the graduate and advanced undergraduate levels. It covers the areas of agency theory, information economics, and organization theory, highlighting common themes and methodologies and presenting the main ideas in an accessible way. It also presents many applications in all areas of economics, especially labor economics, industrial organization, and corporate finance. The book emphasizes applications rather than general theorems while providing self-contained, intuitive treatment of the simple models analyzed. In this way, it can also serve as a reference for researchers interested in building contract-theoretic models in applied contexts.The book covers all the major topics in contract theory taught in most graduate courses. It begins by discussing such basic ideas in incentive and information theory as screening, signaling, and moral hazard. Subsequent sections treat multilateral contracting with private information or hidden actions, covering auction theory, bilateral trade under private information, and the theory of the internal organization of firms; long-term contracts with private information or hidden actions; and incomplete contracts, the theory of ownership and control, and contracting with externalities. Each chapter ends with a guide to the relevant literature. Exercises appear in a separate chapter at the end of the book.

Theories of Choice

Theories of Choice PDF Author: Stefan Grundmann
Publisher: Oxford University Press
ISBN: 0192608266
Category : Law
Languages : en
Pages : 353

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Book Description
Choice is a key concept of our time. It is a foundational mechanism for every legal order in societies that are, politically, constituted as democracies and, economically, built on the market mechanism. Thus, choice can be understood as an atomic structure that grounds core societal processes. In recent years, however, the debate over the right way to theorize choice - for example, as a rational or a behavioral type of decision making - has intensified. This collection provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network. In its first part, the volume provides an accessible overview of the current debates about rational versus behavioral approaches to theories of choice. The remainder of the book structures the vast landscape of theories of choice along with three main types: individual, collective, and organizational decision making. As theories of choice proliferate and become ever more sophisticated, however, the process of choosing an adequate theory of choice becomes increasingly intricate. This volume addresses this selection problem for the various legal arenas in which individual, organizational, and collective decisions matter. By drawing on economic, technological, political, and legal points of view, the volume shows which theories of choice are at the disposal of the legally relevant decision-maker, and how they can be operationalized for the solution of concrete legal problems. The editors acknowledge the kind support of the Fritz Thyssen Foundation for an exploratory conference on the subject of the book.

Choice Theory

Choice Theory PDF Author: Michael Allingham
Publisher: OUP Oxford
ISBN: 0191579262
Category : Business & Economics
Languages : en
Pages : 164

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Book Description
We make choices all the time - about trivial matters, about how to spend our money, about how to spend our time, about what to do with our lives. And we are also constantly judging the decisions other people make as rational or irrational. But what kind of criteria are we applying when we say that a choice is rational? What guides our own choices, especially in cases where we don't have complete information about the outcomes? What strategies should be applied in making decisions which affect a lot of people, as in the case of government policy? This book explores what it means to be rational in all these contexts. It introduces ideas from economics, philosophy, and other areas, showing how the theory applies to decisions in everyday life, and to particular situations such as gambling and the allocation of resources. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Implicit Dimensions of Contract

Implicit Dimensions of Contract PDF Author: David Campbell
Publisher: Bloomsbury Publishing
ISBN: 1847312179
Category : Law
Languages : en
Pages : 412

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Book Description
This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended.

Game Theory and the Law

Game Theory and the Law PDF Author: Douglas G. Baird
Publisher: Harvard University Press
ISBN: 9780674341111
Category : Law
Languages : en
Pages : 348

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Book Description
This book is the first to apply the tools of game theory and information economics to advance our understanding of how laws work. Organized around the major solution concepts of game theory, it shows how such well known games as the prisoner's dilemma, the battle of the sexes, beer-quiche, and the Rubinstein bargaining game can illuminate many different kinds of legal problems. Game Theory and the Law highlights the basic mechanisms at work and lays out a natural progression in the sophistication of the game concepts and legal problems considered.

Contract as Promise

Contract as Promise PDF Author: Charles Fried
Publisher: Oxford University Press
ISBN: 0190240180
Category : Law
Languages : en
Pages : 220

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Book Description
Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field.

Public Choice Theory and Local Government

Public Choice Theory and Local Government PDF Author: George A. Boyne
Publisher: Springer
ISBN: 0230373097
Category : Political Science
Languages : en
Pages : 213

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Book Description
This book evaluates the validity of a key proposition of public choice theory: that competition is associated with superior performance by governmental organisations. Three forms of competition in local government are identified: competition between local authorities, competition between councils and private contractors, and competition between parties for political power. The extent and consequences of competition are assessed in both the UK and USA. The analysis is used to draw conclusions on the effects of competition and the validity of public choice theory.

Social Choice Theory

Social Choice Theory PDF Author: Jerry S. Kelly
Publisher: Springer Science & Business Media
ISBN: 366209925X
Category : Business & Economics
Languages : en
Pages : 174

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Book Description
This is a textbook introducing selected topics in formal social choice theory. Social choice theory studies group choices that are based on information about preferences of members of the group (voting rules being one important special case). This involves economics, which provides the method of modelling individual decision making; political philosophy, which provides criteria about the allocation of decision-influencing power; and game theory, which provides a framework for thinking about the strategies individuals employ in trying to influence the group choice. The goal of this book is to take basic ideas like impossibility theorems, rights exercising and strategy proofness and give the student just enough technical background to be able to understand these ideas in a logically rigorous way. This is done through a set of 250 exercises that constitute the heart of the book and which differentiate this book from all other texts in social choice theory.