Screen LibraryReasonableness and responsibility : a theory of contract law /
If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonabl...
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| Main Authors: | |
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| Corporate Authors: | |
| Published: |
Springer,
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| Publisher Address: | Dordrecht ; New York : |
| Publication Dates: | 2013. |
| Literature type: | eBook |
| Language: | English |
| Series: |
Law and philosophy library ; v.101. |
| Subjects: | |
| Online Access: |
http://dx.doi.org/10.1007/978-94-007-4605-3 |
| Summary: |
If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction - that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law. |
| Carrier Form: | 1 online resource. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: |
9789400746053 (electronic bk.) 9400746059 (electronic bk.) 9400746040 9789400746046 |
| Index Number: | K840 |
| CLC: | D913.6 |
| Contents: |
Setting the Scene: Distributive Justice, Corrective Justice, and Monism in Political Philosophy and Contract Law -- The Distributive Understanding of Contract Law: Kronman on Contract Law and Distributive Justice -- Libertarianism and the Law of Contracts -- The Division of Responsibility and Contract Law -- Explaining Contract Doctrine -- The Objective Standard of Interaction in Contract Law: The Reasonable Person -- Fuller, Fried, and the Nature of Contractual Rights and Remedies -- Contracts and Third Parties -- Material Nondisclosure, Corrective Justice, and the Division of Responsibility. |