The Choice Theory of Contracts
Cambridge University Press, 4/17/2017
EAN 9781107135987, ISBN10: 1107135982
Hardcover, 190 pages, 24 x 16 x 1.8 cm
Language: English
This concise landmark in law and jurisprudence offers the first coherent, liberal account of contract law. The Choice Theory of Contracts answers the field's most pressing questions: what is the 'freedom' in 'freedom of contract'? What core values animate contract law and how do those values interrelate? How must the state act when it shapes contract law? Hanoch Dagan and Michael Heller - two of the world's leading private law theorists - show exactly why and how freedom matters to contract law. They start with the most appealing tenets of modern liberalism and end with their implications for contract law. This readable, engaging book gives contract scholars, teachers, and students a powerful normative vocabulary for understanding canonical cases, refining key doctrines, and solving long-standing puzzles in the law.
Preface
Acknowledgements
Introduction
Part I. Autonomy as a Contract Value
1. The challenge of autonomy
2. Promise theory
3. Transfer theory
4. Recovering autonomy
Part II. The Goods of Contract
5. Utility
6. Community
Part III. The Choice Theory of Contracts
7. Contractual freedom
8. How contract values relate
9. Contract spheres
10. Contract types
11. Market for new types
12. Choice theory in practice
Conclusion
Notes
Index.