A Theory Of Contract Law

Author: Peter A. Alces
Publisher: Oxford University Press
ISBN: 0199707596
Size: 13.65 MB
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In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. These theories have proceeded primarily (indeed, necessarily) from deontological and consequentialist premises. In A Theory of Contract Law: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the leading interpretive theories of contract and demonstrates their doctrinal failures. Professor Alces presents the leading canonical cases that inform the extant theories of Contract law in both their historical and transactional contexts and argues that moral psychology provides a better explanation for the contract doctrine than do alternative comprehensive interpretive approaches.

Comparative Contract Law

Author: Larry A. DiMatteo
Publisher: Oxford University Press
ISBN: 0198728735
Size: 26.71 MB
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Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these twojurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioural analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formationand defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved,and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.

The Moral Conflict Of Law And Neuroscience

Author: Peter A. Alces
Publisher: University of Chicago Press
ISBN: 022651353X
Size: 75.23 MB
Format: PDF
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Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding? Peter A. Alces considers where and how the law currently fails to appreciate the neuroscientific revelation that humans may in key ways lack normative free will--and therefore moral responsibility. The most accessible setting in which to consider the potential impact of neuroscience is criminal law, as certain aspects of criminal law already reveal the naivet� of most normative reasoning, such as the inconsistent treatment of people with equally disadvantageous cognitive deficits, whether congenital or acquired. But tort and contract law also assume a flawed conception of human agency and responsibility. Alces reveals the internal contradictions of extant legal doctrine and concludes by considering what would be involved in constructing novel legal regimes based on emerging neuroscientific insights.

The Philosophical Origins Of Modern Contract Doctrine

Author: James Gordley
Publisher: Oxford University Press on Demand
ISBN: 0198258305
Size: 54.42 MB
Format: PDF, Mobi
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The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face today. Reassessing the impact of modern philosophy upon contract law, the author concludes that modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in rediscovering the neglected philosophy of Aristotle and Aquinas.

Law Psychology And Morality

Author: Eyal Zamir
Publisher: Oxford University Press, USA
ISBN: 0199972052
Size: 30.43 MB
Format: PDF, Mobi
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Prospect theory posits that people do not perceive outcomes as final states of wealth or welfare, but rather as gains or losses in relation to some reference point. People are generally loss averse: the disutility generated by a loss is greater than the utility produced by a commensurate gain. Loss aversion is related to such phenomena as the status quo and omission biases, the endowment effect, and escalation of commitment. The book systematically analyzes the relationships between loss aversion and the law.

Moral Failure

Author: Lisa Tessman
Publisher: Oxford University Press, USA
ISBN: 0199396140
Size: 52.13 MB
Format: PDF, Docs
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Moral Failure: On the Impossible Demands of Morality asks what happens when the sense that "I must" collides with the realization that "I can't." Bringing together philosophical and empirical work in moral psychology, Lisa Tessman here examines moral requirements that are non-negotiable and that contravene the principle that "ought implies can." In some cases, it is because two non-negotiable requirements conflict that one of them becomes impossible to satisfy, and yet remains binding. In other cases, performing a particular action may be non-negotiably required -- even if it is impossible -- because not performing the action is unthinkable. After offering both conceptual and empirical explanations of the experience of impossible moral requirements and the ensuing failures to fulfill them, Tessman considers what to make of such experience, and in particular, what role such experience has in the construction of value and of moral authority. According to the constructivist account that the book proposes, some moral requirements can be authoritative even when they are impossible to fulfill. Tessman points out a tendency to not acknowledge the difficulties that impossible moral requirements and unavoidable moral failures create in moral life, and traces this tendency through several different literatures, from scholarship on Holocaust testimony to discussions of ideal and nonideal theory, from theories of supererogation to debates about moral demandingness and to feminist care ethics.

Freedom Of Contract And Paternalism

Author: P. Cserne
Publisher: Springer
ISBN: 1137000325
Size: 39.83 MB
Format: PDF, Mobi
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A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.

The Geography Of Morals

Author: Owen Flanagan
Publisher: Oxford University Press
ISBN: 0190212152
Size: 46.90 MB
Format: PDF
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The Geography of Morals is a work of extraordinary ambition: an indictment of the parochialism of Western philosophy, a comprehensive dialogue between anthropology, empirical moral psychology, behavioral economics, and cross-cultural philosophy, and a deep exploration of the opportunities for self, social, and political improvement provided by world philosophy. We live in multicultural, cosmopolitan worlds. These worlds are distinctive moral ecologies in which people enact and embody different lived philosophies and conceive of mind, morals, and the meaning of life differently from the typical WEIRD -- Western, Educated, Industrialized, Rich, Democratic -- person. This is not a predicament; it is an opportunity. Many think that cross cultural understanding is useful for developing a modus vivendi where people from different worlds are not at each other's throats and tolerate each other. Flanagan presses the much more exciting possibility that cross-cultural philosophy provides opportunities for exploring the varieties of moral possibility, learning from other traditions, and for self, social, and political improvement. There are ways of worldmaking in other living traditions -- Confucian, Daoist, Buddhist, Hindu, Jain, Muslim, Amerindian, and African -- that citizens in Western countries can benefit from. Cross-cultural learning is protection against what Alasdair MacIntyre refers to as being "imprisoned by one's upbringing." Flanagan takes up perennial topics of whether there is anything to the idea of a common human nature, psychobiological sources of human morality, the nature of the self, the role of moral excellence in a good human life, and whether and how empirical inquiry into morality can contribute to normative ethics. The Geography of Morals exemplifies how one can respectfully conceive of multiculturalism and global interaction as providing not only opportunities for business and commerce, but also opportunities for socio-moral and political improvement on all sides. This is a book that aims to change how normative ethics and moral psychology are done.

Leadership Ethics

Author: Terry L. Price
Publisher: Cambridge University Press
ISBN: 9781139474344
Size: 32.26 MB
Format: PDF, Kindle
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Are leaders morally special? Is there something ethically distinctive about the relationship between leaders and followers? Should leaders do whatever it takes to achieve group goals? Leadership Ethics uses moral theory, as well as empirical research in psychology, to evaluate the reasons everyday leaders give to justify breaking the rules. Written for people without a background in philosophy, it introduces readers to the moral theories that are relevant to leadership ethics: relativism, amoralism, egoism, virtue ethics, social contract theory, situation ethics, communitarianism, and cosmopolitan theories such as utilitarianism and transformational leadership. Unlike many introductory texts, the book does more than simply acquaint readers with different approaches to leadership ethics. It defends the Kantian view that everyday leaders are not justified in breaking the moral rules.

Commercial Contracting Sales Leases And Computer Information

Author: Francis J Mootz III
Publisher: LexisNexis
ISBN: 0327174315
Size: 80.84 MB
Format: PDF, ePub
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This innovative book includes cases, problems, note materials and questions, as well as excerpts from law review articles and other secondary sources that explain the fit among the contemporary sources of Commercial Contracting Law. While the authors emphasize Uniform Commercial Code Articles 1 (as revised) and 2 (as enacted), but there are liberal references to Article 2A, UCITA, UETA, E-Sign, and the CISG to provide a sophisticated yet accessible presentation of the legal rules and principles that govern contemporary sales, leasing, and computer information transactions. Contemporary commercial contracting presents considerable pedagogical challenges. The authors provide a text that clearly explains the basic commercial context for the rule in question, and then provide materials that enable students to delve into more complex issues. Commercial Contracting: Sales, Leases, and Computer Information includes the cases that have continued to define commercial law for years as well as the most recent decisions that have changed the way we think about commercial contracting. The cases are complemented by extensive problems, permitting the instructor to emphasize either the case or problem approach. The authors have also integrated text and excerpts from treatises and law review articles that both put the issues in transactional context and test the limits of commercial codification.