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Objections to Actual Contract Theory

Margaret Gilbert

in A Theory of Political Obligation: Membership, Commitment, and the Bonds of Society

Published in print:
2006
Published Online:
September 2006
ISBN:
9780199274956
eISBN:
9780191603976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274959.003.0005
Subject:
Philosophy, Political Philosophy

In spite of its long history and evident appeal, an actual contract theory of political obligation now tends to be rejected. This chapter focuses on two standard objections to the theory, the ... More


A Summary of the Philosophy of Contract: The Theories of World A

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0004
Subject:
Law, Company and Commercial Law

This chapter discusses the main streams of contract philosophy in order to elucidate the extent to which boilerplate is a permissible means of creating contractual obligation. In particular, it ... More


Actual Contract Theory: Attractions

Margaret Gilbert

in A Theory of Political Obligation: Membership, Commitment, and the Bonds of Society

Published in print:
2006
Published Online:
September 2006
ISBN:
9780199274956
eISBN:
9780191603976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274959.003.0004
Subject:
Philosophy, Political Philosophy

The best-known theory of political obligation is actual contract theory: a political society is founded on an agreement, and the parties to the agreement — now the members of the society — are ... More


A Theory of Political Obligation: Membership, Commitment, and the Bonds of Society

Margaret Gilbert

Published in print:
2006
Published Online:
September 2006
ISBN:
9780199274956
eISBN:
9780191603976
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199274959.001.0001
Subject:
Philosophy, Political Philosophy

Does one have special obligations to support the political institutions of one’s own country precisely because it is one’s own? In short, does one have political obligations? This book argues for an ... More


The Psychological Contracts of Temporary and Permanent Workers

René Schalk, Jeroen de Jong, Thomas Rigotti, Gisela Mohr, José Maria Peiró, and Amparo Caballer

in Employment Contracts, Psychological Contracts, and Employee Well-Being: An International Study

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199542697
eISBN:
9780191715389
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542697.003.0005
Subject:
Business and Management, HRM / IR

The psychological contract, as reported by both employers and employees, provides the main focus of this chapter. It starts by reviewing some of the main conceptual and operational issues in ... More


Reconsidering Actual Contract Theory

Margaret Gilbert

in A Theory of Political Obligation: Membership, Commitment, and the Bonds of Society

Published in print:
2006
Published Online:
September 2006
ISBN:
9780199274956
eISBN:
9780191603976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274959.003.0010
Subject:
Philosophy, Political Philosophy

The actual contract theory of political obligation is reconsidered in light of a plural subject account of agreements. Given the proposed account of agreements, both immoral and coerced agreements ... More


Contract theory analysis of managerial accounting issues 1

Stanley Baiman

in Contemporary Issues in Management Accounting

Published in print:
2006
Published Online:
May 2007
ISBN:
9780199283361
eISBN:
9780191712623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283361.003.0002
Subject:
Economics and Finance, Financial Economics

Contract theory has become the dominant analytical research paradigm in managerial accounting over the last two decades, informing the managerial accounting literature both directly and indirectly. ... More


Governing Animals: Animal Welfare and the Liberal State

Kimberly K. Smith

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199895755
eISBN:
9780199950522
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199895755.001.0001
Subject:
Political Science, Political Theory, American Politics

What is the role of government in protecting animal welfare? What principles should policy makers draw on as they try to balance animal welfare against human liberty? Much has been written in recent ... More


Can Utilitarian-Welfare (Economic) Theory Justify Boilerplate Deletion of Rights?

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0006
Subject:
Law, Company and Commercial Law

This chapter examines whether boilerplate rights deletion schemes can be justified by the “contract-as-product” theory. The contract-as-product theory attempts to sidestep the issue of consent by ... More


The Corporation as Social Contract

Muel Kaptein and Joha Wempe

in The Balanced Company: A Theory of Corporate Integrity

Published in print:
2002
Published Online:
October 2011
ISBN:
9780199255504
eISBN:
9780191698248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199255504.003.0006
Subject:
Business and Management, Corporate Governance and Accountability, Organization Studies

This chapter views the corporation as a bundle of contracts with its own identity and embedded in a broader social contract. Based on the conclusion that the corporation is an autonomous moral ... More


A Contract on Future Generations?

Stephen M. Gardiner

in Intergenerational Justice

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199282951
eISBN:
9780191712319
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282951.003.0004
Subject:
Philosophy, General

Contract theories — such as contractarianism and contractualism — seek to justify (and sometimes to explain) moral and political ideals and principles through the notion of ‘mutually agreeable ... More


Contract Theory

Stephen A. Smith

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198765615
eISBN:
9780191695308
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765615.001.0001
Subject:
Law, Law of Obligations

This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, the ... More


Contracts

Kimberly K. Smith

in Governing Animals: Animal Welfare and the Liberal State

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199895755
eISBN:
9780199950522
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199895755.003.0002
Subject:
Political Science, Political Theory, American Politics

This chapter addresses whether a liberal government may legitimately enforce our moral duties to animals, given the liberal principle of limited government. Liberal theory teaches that the purpose of ... More


Objective Contextual Interpretation

Steven J. Burton

in Elements of Contract Interpretation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195337495
eISBN:
9780199868650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337495.003.0006
Subject:
Law, Law of Obligations

This chapter presents and justifies a normative theory of contract interpretation. It considers the three tasks of contract interpretation in terms of the relevant goals in order to determine which ... More


On the Logic of Justifying Political Authority

Rex Martin

in A System of Rights

Published in print:
1997
Published Online:
November 2003
ISBN:
9780198292937
eISBN:
9780191599811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198292937.003.0002
Subject:
Political Science, Political Theory

Three elements of authority are identified—a government's rightful title to issue rules, a reasonable expectation of compliance with them, and the propriety of using coercive enforcement to back them ... More


The Justification of Contractual Obligations: The Normative Question

Stephen A. Smith

in Contract Theory

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198765615
eISBN:
9780191695308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765615.003.0004
Subject:
Law, Law of Obligations

This chapter discusses answers to the normative question: what justification, if any, exists for contract law? Most answers fall into two main categories: utilitarian theories of contract and ... More


The Nature of Contractual Obligations: The Analytic Question 1

Stephen A. Smith

in Contract Theory

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198765615
eISBN:
9780191695308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765615.003.0003
Subject:
Law, Law of Obligations

The previous chapter suggested that contract theories should be categorized according to how they answer to basic questions about contract law: (1) an analytic question about the nature of contract ... More


Hegel and Social Contract Theory

Alan Patten

in Hegel's Idea of Freedom

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199251568
eISBN:
9780191598180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199251568.003.0004
Subject:
Philosophy, History of Philosophy

Considers how Hegel could both accept the starting point of social contract theory (the commitment to freedom) and reject what contractarians take to be an obvious implication of that starting point ... More


What is Contract Theory?

Stephen A. Smith

in Contract Theory

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198765615
eISBN:
9780191695308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765615.003.0001
Subject:
Law, Law of Obligations

This chapter discusses the meaning of ‘contract theory’ in this book and identifies the four criteria for assessing theories of contract: fit, coherence, morality, and transparency. It also argues in ... More


A Theory of Contract Law: Empirical Insights and Moral Psychology

Peter A. Alces

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195371604
eISBN:
9780199893447
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195371604.001.0001
Subject:
Law, Company and Commercial Law

Scholars have offered positive, normative, and interpretive theories of contract. These theories have necessarily proceeded from deontic and consequentialist premises. This book argues that there can ... More


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