From Promise to Contract: Towards a Liberal Theory of Contract
Autor Dori Kimelen Limba Engleză Paperback – 4 apr 2005
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Specificații
ISBN-13: 9781841134949
ISBN-10: 1841134945
Pagini: 154
Dimensiuni: 156 x 234 x 8 mm
Greutate: 0.25 kg
Ediția:Revised
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1841134945
Pagini: 154
Dimensiuni: 156 x 234 x 8 mm
Greutate: 0.25 kg
Ediția:Revised
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Caracteristici
This book offers a theory of contract law based on a careful philosophical investigation of not only the similarities, but also the much-overlooked differences between contract and promise.
Notă biografică
Dori Kimel is a Fellow of New College Oxford.
Cuprins
AcknowledgementsIntroduction1. On the Nature and Value of Promise Fried's Argument: Convention,Social Practice, Trust Trust as a Condition Why Promise? Why Want a Promise? What is Wrong with Breaking a Promise? The Value of Promise Promises between Strangers2. Normativity, Trust and ThreatsI. The Disjunctive ViewII. Normativity and Threats in Personal Relations3. The Nature and Value of Contractual Relations I. Contracts and the Role of Trust II. Contracts, Promises and Special Relations4. Remedies The Standard Remedy and the Theory of the Practice Choosing a Performance Remedy: Why Not Specific Performance? The Harm Principle and Remedies for Breach Mitigation The Freedom to Change One's Mind5. Freedom of Contract, Freedom from Contract I. Freedom of Contract II. Freedom from ContractBibliographyIndex
Recenzii
.can one plausibly accept the voluntary view of contracts while rejecting their distinct promissory nature? This is precisely the position that Dori Kimel advocates in his recent, highly original and insightful book.
Kimel's excellent book tells us much about the value of our practice of contracting, and how the benefits we receive from such a practice are not always identical to the benefits we receive from our practice of promising. He also helps us to understand how those values square with the values typically associated with perfectionist liberalism, and to that extent he makes great strides towards a liberal theory of contract.
... the book gives us a richer sense of what Razs tersely stated views on contract might or might not amount to. In sympathetically examining those views, and in opening up a dialogue around and about them, the author makes a useful contribution.
Kimel's excellent book tells us much about the value of our practice of contracting, and how the benefits we receive from such a practice are not always identical to the benefits we receive from our practice of promising. He also helps us to understand how those values square with the values typically associated with perfectionist liberalism, and to that extent he makes great strides towards a liberal theory of contract.
... the book gives us a richer sense of what Razs tersely stated views on contract might or might not amount to. In sympathetically examining those views, and in opening up a dialogue around and about them, the author makes a useful contribution.
Descriere
The book offers a careful philosophical investigation of the similarities and the much-overlooked differences between contract and promise.