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Philosophical Foundations of Contract Law

Gregory Klass, George Letsas, and Prince Saprai (eds)

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198713012
eISBN:
9780191781414
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198713012.001.0001
Subject:
Law, Philosophy of Law, Law of Obligations

In the last ten years, there has been a revival of interest in the philosophical study of contract law. Much of the discussion relates back to Charles Fried’s 1981 claim that contract law is based on ... More


Rationality and cooperation

Jules L. Coleman

in Risks and Wrongs

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253616
eISBN:
9780191719776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253616.003.0002
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter articulates the building blocks of the market paradigm and develops their implications for moral, political, and legal theory. It argues that commitment to the individual rationality ... More


Introduction to Philosophical Foundations of Contract Law

Gregory Klass

in Philosophical Foundations of Contract Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198713012
eISBN:
9780191781414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198713012.003.0001
Subject:
Law, Philosophy of Law, Law of Obligations

This Introduction describes the major issues and approaches in contemporary contract theory and locates the chapters in the volume within the field. Contract theory is characterized by diversity both ... More


Contract Is Not Promise; Contract Is Consent

Randy E. Barnett

in Philosophical Foundations of Contract Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198713012
eISBN:
9780191781414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198713012.003.0003
Subject:
Law, Philosophy of Law, Law of Obligations

In the 1980s, Charles Fried was right to focus on what was missing from both the “death of contract” and “law and economics” approaches to contract law: the internal morality of contract. But he ... More


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