Jump to ContentJump to Main Navigation

You are looking at 1-20 of 21 items

  • Keywords: default rules x
Clear All Modify Search

View:

A primer on default logic

John F. Horty

in Reasons as Defaults

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199744077
eISBN:
9780199932566
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744077.003.0001
Subject:
Philosophy, Logic/Philosophy of Mathematics

The goal of this first chapter is to motivate and develop a very simple prioritized default logic. The chapter begins by introducing default rules as well as prioritized default theories. It then ... More


Endogenous Preferences

F. H. Buckley

in Fair Governance: Paternalism and Perfectionism

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195341263
eISBN:
9780199866892
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341263.003.0007
Subject:
Law, Philosophy of Law

Preferences are endogenous to the legal regime when they are shaped by it, as they would be when populist legislation makes people more envious. Legal rules might also shape our preferences when they ... More


Filling in the gaps

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/9780199253616.003.0009
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter addresses the question of how incomplete contracts are to be interpreted and by what principle are incomplete contracts to be complete. When transaction costs make an explicit agreement ... More


Modeling Legal Rules

Richard Holton

in Philosophical Foundations of Language in the Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199572380
eISBN:
9780191728914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572380.003.0008
Subject:
Law, Philosophy of Law

Building on earlier work, this chapter develops a model of legal rules that admit of exceptions but are nonetheless governed by classical logic. The account is defended against alternative accounts ... More


The Implied Terms of Contracts: Of ‘Default Rules’ and ‘Situation-Sense’ 1

Todd D Rakoff

in Good Faith and Fault in Contract Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.003.0008
Subject:
Law, Law of Obligations

This chapter addresses the question of how courts should deal with the process of gap filling by what are variously called ‘background terms’, ‘default rules’, or ‘implied terms’. The issue may arise ... More


Legally Induced Reference Points

Eyal Zamir

in Law, Psychology, and Morality: The Role of Loss Aversion

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199972050
eISBN:
9780190215064
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199972050.003.0005
Subject:
Law, Philosophy of Law

Chapter 5 analyzes the contribution of loss aversion to our understanding of how legal norms affect human perceptions and behavior—that is, how loss aversion is sometimes the output of legal norms. ... More


Framing Incomplete Contracts

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0010
Subject:
Law, Legal History

Incomplete contracts and the implication of terms in contract disputes are the subjects of a considerable debate in legal scholarship and judicial opinion. This debate plays an indirect role in a ... More


What Should We Do?

Edward A. Zelinsky

in The Origins of the Ownership Society: How the Defined Contribution Paradigm Changed America

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195339352
eISBN:
9780199855407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195339352.003.0007
Subject:
Law, Employment Law

This chapter explores our choices for molding the defined contribution paradigm as it evolves and identifies which of those choices are best. The first and most important imperative for the future is ... More


Contract Law

Eyal Zamir and Doron Teichman

in Behavioral Law and Economics

Published in print:
2018
Published Online:
June 2018
ISBN:
9780190901349
eISBN:
9780190901387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190901349.003.0008
Subject:
Law, Philosophy of Law

This chapter presents an overview of the behavioral analysis of contract law. It first presents a behavioral theory of contracts that highlights the role of values such as promise-keeping and trust, ... More


Optionality

Martijn W. Hesselink

in Justifying Contract in Europe: Political Philosophies of European Contract Law

Published in print:
2021
Published Online:
August 2021
ISBN:
9780192843654
eISBN:
9780191926297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192843654.003.0008
Subject:
Law, EU Law

This Chapter focuses on a distinctive characteristic of an important portion of contemporary rules of contract law that sets them apart not only from public law but also from other branches of ... More


The Use and Abuse of Historical Narrative: Debates over Incomplete Contracts

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0011
Subject:
Law, Legal History

The debate over incomplete contracts pits two sides (dubbed right and left poles), both of which rely on a common historical narrative to generate opposing normative conclusions. This historical ... More


What Is Corporate Law?

John Armour, Henry Hansmann, Reinier Kraakman, and Mariana Pargendler

in The Anatomy of Corporate Law: A Comparative and Functional Approach

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198739630
eISBN:
9780191837982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739630.003.0001
Subject:
Law, Company and Commercial Law

This chapter introduces the book’s analytic framework, which focuses on the common structure of corporate law across different jurisdictions as a response to fundamentally similar legal and economic ... More


Procedural Law

Hong-Lin Yu

in Commercial Arbitration

Published in print:
2011
Published Online:
September 2015
ISBN:
9781845861070
eISBN:
9781474406154
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861070.003.0008
Subject:
Law, Company and Commercial Law

This chapter explains the role of procedural law in arbitration. Aside from the arbitrators, the language, and the substantive law, the principle of party autonomy affords the parties to arbitration ... More


Personalized Regulatory Techniques

Omri Ben-Shahar and Ariel Porat

in Personalized Law: Different Rules for Different People

Published in print:
2021
Published Online:
June 2021
ISBN:
9780197522813
eISBN:
9780197522844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197522813.003.0005
Subject:
Law, Comparative Law

This chapter expands the demonstration how personalized law would transform existing legal institutions. The chapter shifts the focus from specific doctrines to regulatory techniques. These are ... More


The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking

Gilles Cuniberti

in Private International Law and Global Governance

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198727620
eISBN:
9780191793684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727620.003.0008
Subject:
Law, Private International Law, Constitutional and Administrative Law

Private powers increasingly legislate for themselves, and one could fear that the autonomy that they gain as a consequence might be misused. While the breadth of the production of private norms ... More


Loss Aversion: Normative Implications

Eyal Zamir

in Law, Psychology, and Morality: The Role of Loss Aversion

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199972050
eISBN:
9780190215064
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199972050.003.0009
Subject:
Law, Philosophy of Law

This chapter examines the policy implications of the various interactions between loss aversion and the law. It starts by claiming that loss aversion is not irrational per se, and that the ... More


Cohabitants, Choice, and the Public Interest

Robert Leckey

in Philosophical Foundations of Children's and Family Law

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198786429
eISBN:
9780191828690
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786429.003.0006
Subject:
Law, Philosophy of Law

Through the narrow entry of property disputes between former cohabitants, this chapter aims to clarify thinking on issues crucial to philosophical examination of family law. It refracts big ... More


Nonstandard Communication

Bruno G. Bara

in Cognitive Pragmatics: The Mental Processes of Communication

Published in print:
2010
Published Online:
August 2013
ISBN:
9780262014113
eISBN:
9780262266062
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262014113.003.0005
Subject:
Linguistics, Psycholinguistics / Neurolinguistics / Cognitive Linguistics

Comprehension and response arise in situations which trigger default rules—that is, standard communication. However, a large number of interesting cases go beyond the bounds of normality, which may ... More


Law and Social Change

Lawrence M. Friedman and Grant M. Hayden

in American Law: An Introduction

Published in print:
2017
Published Online:
January 2017
ISBN:
9780190460587
eISBN:
9780190460624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190460587.003.0014
Subject:
Law, Comparative Law

This chapter explores the relationship between law and social change. Law can affect behavior and promote social change in a number of ways, including the use of sanctions or, more subtly, by ... More


Substitution of New Debtor; Transfer of Contract

Nils Jansen and Reinhard Zimmermann

in Commentaries on European Contract Laws

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198790693
eISBN:
9780191927829
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198790693.003.0013
Subject:
Law, EU Law

While the example creates the impression that a change of debtor is a frequent occurrence, the legal reality is somewhat different. The creditor (C) may simply be reluctant to accept a new debtor. ... More


View: