Overview
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.
Full Product Details
Author: Gregory Klass (Professor of Law, Professor of Law, Georgetown University Law Centre) ,
George Letsas (Reader in Philosophy of Law and Human Rights, Reader in Philosophy of Law and Human Rights, Faculty of Laws, University College London) ,
Prince Saprai (Lecturer, Lecturer, Faculty of Laws, University College London)
Publisher: Oxford University Press
Imprint: Oxford University Press
Dimensions:
Width: 17.60cm
, Height: 2.20cm
, Length: 24.60cm
Weight: 0.688kg
ISBN: 9780198713029
ISBN 10: 0198713029
Pages: 408
Publication Date: 20 October 2016
Audience:
College/higher education
,
Professional and scholarly
,
Postgraduate, Research & Scholarly
,
Professional & Vocational
Format: Paperback
Publisher's Status: Active
Availability: To order
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.
Reviews
Anyone interested in theoretical discussions of contract law would be well advised to read this book... the book offers a treasure of scholarly material to satisfy a wide range of interests,,, Philosophical Foundations of Contract Law is exemplary in the consistently high quality of the pieces, from first to last. Brian Bix, Cambridge Law Journal
`Anyone interested in theoretical discussions of contract law would be well advised to read this book... the book offers a treasure of scholarly material to satisfy a wide range of interests,,, Philosophical Foundations of Contract Law is exemplary in the consistently high quality of the pieces, from first to last.' Brian Bix, Cambridge Law Journal
Author Information
Gregory Klass is Professor of Law at Georgetown University. His works include Insincere Promises (with Ian Ayres, Yale, 2005), and Contract Law in the USA (Kluwer, 2nd ed. 20 12). George Letsas is Reader in Philosophy of Law and Human Rights at University College, London. His work includes A Theory of Interpretation of the ECHR (OUP, 2007). Prince Saprai is Lecturer in Law at University College, London. His research focuses on the theory of private law.
