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Contract Law and Morality: Contributions in Legal Studies

Autor Henry Mather
en Limba Engleză Hardback – 27 feb 1999 – vârsta până la 17 ani
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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Specificații

ISBN-13: 9780313308680
ISBN-10: 0313308683
Pagini: 200
Dimensiuni: 156 x 235 x 20 mm
Greutate: 0.47 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Praeger
Seria Contributions in Legal Studies

Locul publicării:New York, United States

Notă biografică

HENRY MATHER is Professor of Law at the University of South Carolina School of Law./e He is the author of numerous articles on legal issues. His current projects include a series of articles dealing with various aspects of natural law jurisprudence.

Cuprins

PrefaceThe Purposes of PromiseThree Deficient Theories of JusticeA Natural Law Approach to Contract LawEnforceable PromisesRemediesMutual Assent: Offer and AcceptancePolicing the Bargaining Process: NondisclosureWhy Natural LawIndex