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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Justice in Transactions - A Theory of Contract Law (Hardcover)
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Justice in Transactions - A Theory of Contract Law (Hardcover)
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"One of the most important contributions to the field of contract
theory-if not the most important-in the past 25 years." -Stephen A.
Smith, McGill University Can we account for contract law on a moral
basis that is acceptable from the standpoint of liberal justice? To
answer this question, Peter Benson develops a theory of contract
that is completely independent of-and arguably superior
to-long-dominant views, which take contract law to be justified on
the basis of economics or promissory morality. Through a detailed
analysis of contract principles and doctrines, Benson brings out
the specific normative conception underpinning the whole of
contract law. Contract, he argues, is best explained as a transfer
of rights, which is complete at the moment of agreement and is
governed by a definite conception of justice-justice in
transactions. Benson's analysis provides what John Rawls called a
public basis of justification, which is as essential to the liberal
legitimacy of contract as to any other form of coercive law. The
argument of Justice in Transactions is expressly complementary to
Rawls's, presenting an original justification designed specifically
for transactions, as distinguished from the background institutions
to which Rawls's own theory applies. The result is a field-defining
work offering a comprehensive theory of contract law. Benson shows
that contract law is both justified in its own right and fully
congruent with other domains-moral, economic, and political-of
liberal society.
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