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Showing 1 - 8 of
8 matches in All Departments
Combining natural law theory, reliance theory, and economic
analysis to develop a jurisprudential approach, this is a
prescriptive work presenting a vision of what contract law would be
like if it were devoted to teaching moral virtue. The
jurisprudential approach draws upon insights of Aristotle, Saint
Thomas Aquinas, and other thinkers in the natural law tradition.
The author applies this approach to selected legal issues to
produce the only contemporary book that uses a natural law approach
in prescribing specific reforms in American contract law. Although
this study is theoretical, the author, who practiced law for more
than eight years, explains technical terms for non-specialist
readers. The book employs a pluralistic moral theory and presents a
serious challenge to contemporary jurisprudential theories that
focus on some single dominant value. A key idea is that contract
law should teach and employ certain moral principles when applied
to legal issues related to enforceability, remedies, offer and
acceptance, and nondisclosure. With respect to each issue, the
author compares his proposed resolution with the prevailing current
law.
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