The Theory of Contract Law: New Essays

ISBN-13: 9780521640381 / Angielski / Twarda / 2001 / 364 str.

Peter Benson; Gerald Postema; Jules L. Coleman

Opis

Although the law of contract is largely settled, there is at present no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. This collection of six full-length and original essays, written by some of the most eminent scholars in the field, explores the general theory of contract law from a variety of theoretical perspectives. While the essays build on past theoretical contributions, they also attempt to take contract theory further and suggest new and promising ways to develop theory of contract law.

Recenzje

"These are all seriously interesting essays. Benson is to be congratulated on assembling such an excellent collection. The essays do indeed represent the next stage of progress in the jurisprudence of contract law.... Further work in the field must begin with this work." Philosophy in Review

Spis treści

Acknowledgements; Contributors; Introduction Peter Benson; 1. Two economic theories of enforcing promises Richard Craswell; 2. The scope and limits of legal paternalism: altruism and coercion in family financial arrangements Michael J. Trebilcock and Steven Elliott; 3. Promises and contracts T. M. Scanlon; 4. The unity of contract law Peter Benson; 5. The theory of contracts Melvin A. Eisenberg; 6. Contract law in the Aristotelian tradition James Gordley; Index.