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Philosophical Foundations of Contract Law (Hardcover)
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Philosophical Foundations of Contract Law (Hardcover)
Series: Philosophical Foundations of Law
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In recent years there has been a revival of interest in the
philosophical study of contract law. In 1981 Charles Fried claimed
that contract law is based on the philosophy of promise and this
has generated what is today known as 'the contract and promise
debate'. Cutting to the heart of contemporary discussions, this
volume brings together leading philosophers, legal theorists, and
contract lawyers to debate the philosophical foundations of this
area of law.
Divided into two parts, the first explores general themes in the
contract theory literature, including the philosophy of promising,
the nature of contractual obligation, economic accounts of contract
law, and the relationship between contract law and moral values
such as personal autonomy and distributive justice. The second part
uses these philosophical ideas to make progress in doctrinal
debates, relating for example to contract interpretation, unfair
terms, good faith, vitiating factors, and remedies. Together, the
essays provide a picture of the current state of research in this
revitalized area of law, and pave the way for future study and
debate.
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