Philosophical Foundations of Contract Law by Gregory KlassPhilosophical Foundations of Contract Law by Gregory Klass

Philosophical Foundations of Contract Law

EditorGregory Klass, George Letsas, Prince Saprai

Paperback | November 19, 2016

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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 ofcontemporary 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 anddistributive 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 thisrevitalized area of law, and pave the way for future study and debate.
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 (O...
Title:Philosophical Foundations of Contract LawFormat:PaperbackDimensions:416 pages, 9.69 × 6.73 × 0.03 inPublished:November 19, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198713029

ISBN - 13:9780198713029

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Table of Contents

Gregory Klass: IntroductionPart I: Theoretical Approaches1. Charles Fried: The Ambitions of Contract as Promise2. Randy E. Barnett: Contract is not Promise; Contract is Consent3. 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 Contract6. J.E. Penner: Promises, Agreements, and Contracts7. Charlie Webb: Contract as Fact and as Reason8. Liam Murphy: The Practice of Promise and Contract9. Avery W. Katz: Economic Foundations of Contract Law10. Aditi Bagchi: Distributive Justice and ContractPart II: Doctrinal Analysis11. Margaret Jane Radin: 1. An Analytic Framework for Legal Evaluation of Boilerplate12. Lisa Bernstein: Merchant Law in a Modern Economy13. Daniel Markovits: Good Faith as Contract's Core Value14. Mindy Chen-Wishart: The Nature of Vitiating Factors in Contract Law15. George Letsas and Prince Saprai: Mitigation, Fairness and Contract Law16. Stephen A. Smith: Remedies for Breach of Contract: One Principle or Two?17. Gregory Klass: Efficient Breach

Editorial 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 thepieces, from first to last." --Brian Bix, Cambridge Law Journal 24/11/15