Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Contract Law Without Foundations - Toward a Republican Theory of Contract Law (Hardcover)
Loot Price: R2,284
Discovery Miles 22 840
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Contract Law Without Foundations - Toward a Republican Theory of Contract Law (Hardcover)
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This book advances a theoretical account of contract law, grounded
in value pluralism. Arguing against attempts to delineate branches
of legal doctrine by reference to single unifying values, the book
suggests that a field such as contract law can only be explained
and justified by the interaction of a multiplicity of moral values.
In recent times, the philosophy of contract law has been dominated
by the 'promise theory', according to which the morality of promise
provides a 'blueprint' for the structure, shape, and content that
contract law rules and doctrines should take. The promise theory is
an example of what this book calls a 'foundationalist' theory,
whereby areas of law reflect or are underlain by particular moral
principles or sets of such principles. By considering contract law
from the point of view of its theory, rules and doctrines, and
broader political context, the book argues that the promise theory
can only ever offer part of the picture. The book claims that
'top-down' theories of contract law such as the promise theory and
its bitter rival the economic analysis of law seriously mishandle
legal doctrine by ignoring or underplaying the irreducible
plurality of values that shape contract law. The book defends the
role of this multiplicity of values in forging contract doctrine by
developing from the 'ground-up' a radical and distinctly republican
reinterpretation of the field. The book encourages readers to move
away from a 'top-down' theory of contract law such as the promise
theory and instead embrace a distinctly republican approach to
contract law that would justify the legal rules and doctrines we
find in particular jurisdictions at particular times.
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