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From Promise to Contract - Towards a Liberal Theory of Contract (Paperback, Revised ed.)
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From Promise to Contract - Towards a Liberal Theory of Contract (Paperback, Revised ed.)
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This is the paperback edition of a book first published in 2003,
which was received with warmth and critical acclaim by scholars of
jurisprudence and contract theory. Liberal theory of contract is
traditionally associated with the view according to which contract
law can be explained simply as a mechanism for the enforcement of
promises. The book bucks this trend by offering a theory of
contract law based on a careful philosophical investigation of not
only the similarities, but also the much-overlooked differences
between contract and promise. Drawing on an analysis of a range of
issues pertaining to the moral underpinnings of promissory and
contractual obligations, the relationships in the context of which
they typically feature, and the nature of the legal and moral
institutions that support them, the book argues for the abandonment
of the over-simplified notion that the law can systematically
replicate existing moral or social institutions or simply enforce
the rights or the obligations to which they give rise, without
altering these institutions in the process and while leaving their
intrinsic qualities intact. In its place the book offers an
intriguing thesis concerning not only the relationship between
contract and promise, but also the distinct functions and values
that underlie contract law and explain contractual obligation. In
turn, this thesis is shown to have an important bearing on
theoretical and practical issues such as the choice of remedy for
breach of contract, and broader concerns of political morality such
as the appropriate scope of the freedom of contract and the role of
the state in shaping and regulating contractual activity. The
book's arguments on such issues, while rooted in distinctly liberal
principles of political morality, often produce very different
conclusions to those traditionally associated with liberal theory
of contract, thus lending it a new lease of life in the face of its
traditional as well as contemporary critiques.
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