The Theory of Contract Law: New Essays (Cambridge Studies in Philosophy and Law)

Cambridge University Press, 4/12/2001
EAN 9780521640381, ISBN10: 0521640385

Hardcover, 364 pages, 22.9 x 15.2 x 2.4 cm
Language: English

Although the law of contract is largely settled, there appears to be no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. Contract law theory raises issues concerning the relation between law and morality, the role and the importance of rights, the connection between justice and economics, and the distinction between private and public law. This collection of six full-length essays, written by some of the most eminent scholars in the field, explores the general theory of contract law from a variety of theoretical perspectives. The volume addresses a wide range of issues, both methodological and substantive, in the theory and practice of contract law. While the essays build upon past theoretical contributions, they also attempt to take contract theory further and suggest promising ways to develop theory of contract law.

Acknowledgements
Contributors
Introduction Peter Benson
1. Two economic theories of enforcing promises Richard Craswell
2. The scope and limits of legal paternalism
altruism and coercion in family financial arrangements Michael J. Trebilcock and Steven Elliott
3. Promises and contracts T. M. Scanlon
4. The unity of contract law Peter Benson
5. The theory of contracts Melvin A. Eisenberg
6. Contract law in the Aristotelian tradition James Gordley
Index.