Reasonableness and Responsibility: A Theory of Contract Law
ISBN:
9789401781114
Auflage:
2013
Verlag:
Springer, Springer Netherland
Land des Verlags:
Deutschland
Erscheinungsdatum:
15.10.2014
Reihe:
Law and Philosophy Library
Format:
Softcover
Seitenanzahl:
184
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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.
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.
Schlagwörter
John Rawls
Distributive Justice
Corrective Justice
Contract Law Theory
Privity of Contract Rule
Rawls's Theory of Justice
Explaining Contract Doctrine
Nature of Contractual Rights
Limits on Freedom of Contract
Monism in Political Philosophy
Fairness and Contract Law Theory
Kant and Contractual Legal Theory
Contract Law and Distributive Justice
Reasonableness and Contract Law Theory
Distributive Understanding of Contract Law
