Author: James Gordley
Publisher:
ISBN: 0198258305
Category : Contracts
Languages : en
Pages : 272
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Book Description
The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face today. Reassessing the impact of modern philosophy upon contract law, the author concludes that modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in rediscovering the neglected philosophy of Aristotle and Aquinas.
Author: Margaret Jane Radin
Publisher: Princeton University Press
ISBN: 0691163359
Category : Law
Languages : en
Pages : 358
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Book Description
Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
Author: Rupert Cross
Publisher: Clarendon Press
ISBN: 0191024449
Category : Law
Languages : en
Pages : 256
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Book Description
This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedent and of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable re-writing has been undertaken to update case-law and take account of the possible implications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent.
Author: Gregory Klass
Publisher: OUP Oxford
ISBN: 019102208X
Category : Law
Languages : en
Pages : 417
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Book Description
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.
Author: T. Hochstrasser
Publisher: Springer Science & Business Media
ISBN: 1402015690
Category : History
Languages : en
Pages : 364
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Book Description
This collection offers a timely opportunity to re-examine both the coherence of the concept of an ‘early Enlightenment’, and the specific contribution of natural law theories to its formation. It reassesses the work of major thinkers such as Grotius, Hobbes, Locke, Malebranche, Pufendorf and Thomasius, and evaluates the appeal and importance of the discourse of natural jurisprudence both to those working inside conventional educational and political structures and to those outside.
Author: Stephen A. Smith
Publisher: OUP Oxford
ISBN: 0191018244
Category : Law
Languages : en
Pages : 480
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Book Description
Atiyah's Introduction to the Law of Contract is a well-known text through which thousands of university students have first encountered the law of contract, and the new edition has long been eagerly awaited by university teachers and students. This sixth edition, updated by Stephen Smith, continues to provide readers with an introduction to the theories, policies, and ideas that underlie the law, placing an equal emphasis on the law and critical analysis. In particular, the discussion of recent cases and legislation is centred on why contract law is the way it is, whether it can be justified, and, if not, what should be done to improve it. The sixth edition has been revised to place the law of contract in a modern context and to account for recent developments in the law, as well as those in academic thinking and writing. Addressing European influences and including perspectives from comparative law, this remains a stimulating and authoritative exposition of the modern law of contract.
Author: Peter Linzer
Publisher: Anderson Publishing Company (OH)
ISBN:
Category : Law
Languages : en
Pages : 700
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Book Description
Author: Warren Swain
Publisher: Cambridge University Press
ISBN: 1107040760
Category : Law
Languages : en
Pages : 363
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Book Description
This book considers the development of contract law doctrine in England from 1670 to 1870.
Author: Hugh Collins
Publisher: Cambridge University Press
ISBN: 9780406946737
Category : Law
Languages : en
Pages : 500
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Book Description
This volume provides an advanced analysis of the law of contract for undergraduate courses covering the law of contract and the law of obligations.
Author: Peter Sloterdijk
Publisher: John Wiley & Sons
ISBN: 0745697003
Category : Philosophy
Languages : en
Pages : 305
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Book Description
One can rightly say of Peter Sloterdijk that each of his essays and lectures is also an unwritten book. That is why the texts presented here, which sketch a philosophical physiognomy of Martin Heidegger, should also be characterized as a collected renunciation of exhaustiveness. In order to situate Heidegger's thought in the history of ideas and problems, Peter Sloterdijk approaches Heidegger's work with questions such as: If Western philosophy emerged from the spirit of the polis, what are we to make of the philosophical suitability of a man who never made a secret of his stubborn attachment to rural life? Is there a provincial truth of which the cosmopolitan city knows nothing? Is there a truth in country roads and cabins that would be able to undermine the universities with their standardized languages and globally influential discourses? From where does this odd professor speak, when from his professorial chair in Freiburg he claims to inquire into what lies beyond the history of Western metaphysics? Sloterdijk also considers several other crucial twentieth-century thinkers who provide some needed contrast for the philosophical physiognomy of Martin Heidegger. A consideration of Niklas Luhmann as a kind of contemporary version of the Devil's Advocate, a provocative critical interpretation of Theodor Adorno's philosophy that focuses on its theological underpinnings and which also includes reflections on the philosophical significance of hyperbole, and a short sketch of the pessimistic thought of Emil Cioran all round out and deepen Sloterdijk's attempts to think with, against, and beyond Heidegger. Finally, in essays such as "Domestication of Being" and the "Rules for the Human Park," which incited an international controversy around the time of its publication and has been translated afresh for this volume, Sloterdijk develops some of his most intriguing and important ideas on anthropogenesis, humanism, technology, and genetic engineering.
