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OverviewIn 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 DetailsAuthor: 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: 17.70cm , Height: 2.70cm , Length: 25.30cm Weight: 0.874kg ISBN: 9780198713012ISBN 10: 0198713010 Pages: 416 Publication Date: 18 December 2014 Audience: College/higher education , Professional and scholarly , Postgraduate, Research & Scholarly , Professional & Vocational Format: Hardback 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. Table of ContentsGregory Klass: Introduction Part I: Theoretical Approaches 1: Charles Fried: The Ambitions of Contract as Promise 2: Randy E. Barnett: Contract is not Promise; Contract is Consent 3: Joseph Raz: Is There a Reason to Keep a Promise? 4: Daniel Owens: Does a Promise Transfer a Right? 5: Dori Kimel: Personal Autonomy and Change of Mind in Promise and in Contract 6: J.E. Penner: Promises, Agreements, and Contracts 7: Charlie Webb: Contract as Fact and as Reason 8: Liam Murphy: The Practice of Promise and Contract 9: Avery W. Katz: Economic Foundations of Contract Law 10: Aditi Bagchi: Distributive Justice and Contract Part II: Doctrinal Analysis 11: Margaret Jane Radin: 1. An Analytic Framework for Legal Evaluation of Boilerplate 12: Lisa Bernstein: Merchant Law in a Modern Economy 13: Daniel Markovits: Good Faith as Contract's Core Value 14: Mindy Chen-Wishart: The Nature of Vitiating Factors in Contract Law 15: George Letsas and Prince Saprai: Mitigation, Fairness and Contract Law 16: Stephen A. Smith: Remedies for Breach of Contract: One Principle or Two? 17: Gregory Klass: Efficient BreachReviewsAnyone 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 InformationEdited by Gregory Klass, Professor of Law, Georgetown University Law Centre, George Letsas, Reader in Philosophy of Law and Human Rights, Faculty of Laws, University College London, and Prince Saprai, Lecturer, Faculty of Laws, University College Londo.Contributors: Aditi Bagchi is Associate Professor of Law at Fordham University School of Law. Randy E. Barnett is Carmack Waterhouse Professor of Legal Theory at Georgetown University Law Center. Lisa Bernstein is Wilson-Dickenson Professor of Law at the University of Chicago Law School. Mindy Chen-Wishart is Reader in Contract Law and Fellow and Tutor in Law at Merton College, University of Oxford, and Professor of Law at the National University of Singapore. Charles Fried is Beneficial Professor of Law at Harvard University Law School. Avery W. Katz is Milton Handler Professor of Law at Columbia University Law School.Dori Kimel is Reader in Legal Philosophy and Fellow and Tutor in Law at New College, University of Oxford. Gregory Klass is Professor of Law at Georgetown University Law Center. George Letsas is Reader in Philosophy of Law and Human Rights at University College London Faculty of Laws. Daniel Markovits is Guido Calabresi Professor of Law at Yale Law School.Liam Murphy is Herbert Peterfreund Professor of Law and Professor of Philosophy at New York University School of Law. David Owens is Professor of Philosophy at the University of Reading Department of Philosophy.James E. Penner is Professor of Law at the National University of Singapore. Margaret Jane Radin is Henry King Ransom Professor of Law at the University of Michigan School of Law, and Distinguished Research Scholar, University of Toronto Faculty of Law. Joseph Raz is Thomas M. Macioce Professor of Law at Columbia University Law School, and Research Professor at King's College London Dickson Poon School of Law. Prince Saprai is a Lecturer at University College London Faculty of Laws. Stephen A. Smith is James McGill Professor at McGill University Faculty of Law.Charlie Webb is an Associate Professor at London School of Economics and Political Science Department of Law. Tab Content 6Author Website:Countries AvailableAll regions |