Coverart for item
The Resource Contract law without foundations : toward a republican theory of contract law, Prince Saprai

Contract law without foundations : toward a republican theory of contract law, Prince Saprai

Label
Contract law without foundations : toward a republican theory of contract law
Title
Contract law without foundations
Title remainder
toward a republican theory of contract law
Statement of responsibility
Prince Saprai
Creator
Author
Subject
Language
eng
Summary
This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values.0In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. 0By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times
Cataloging source
YDX
http://library.link/vocab/creatorDate
1979-
http://library.link/vocab/creatorName
Saprai, Prince
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Contracts
  • Law and ethics
  • Contracts
  • Law and ethics
Label
Contract law without foundations : toward a republican theory of contract law, Prince Saprai
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
24 cm
Edition
First edition.
Extent
xvi, 235 pages
Isbn
9780198779018
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1057650453
Label
Contract law without foundations : toward a republican theory of contract law, Prince Saprai
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
24 cm
Edition
First edition.
Extent
xvi, 235 pages
Isbn
9780198779018
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1057650453

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
Processing Feedback ...