Philosophical Foundations of Contract Law

Author: Gregory Klass,George Letsas,Prince Saprai

Publisher: Oxford University Press, USA

ISBN: 0198713010

Category: Law

Page: 391

View: 7082

"The chapters that constitute this volume were first presented at the inaugural Bentham House conference at University College London in 2013"--Acknowledgments (page v).

Philosophical Foundations of Language in the Law

Author: Andrei Marmor,Scott Soames

Publisher: OUP Oxford

ISBN: 0191654752

Category: Law

Page: 288

View: 9031

This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.

The Philosophical Foundations of Environmental Law

Property, Rights and Nature

Author: Sean Coyle,Karen Morrow

Publisher: Hart Publishing

ISBN: 1841133590

Category: Law

Page: 228

View: 7208

Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Authors conclude, however, that environmental law must be understood as the product of sustained reflection on fundamental moral questions about the relationship between property, rights and nature.

Philosophical Foundations of the Law of Unjust Enrichment

Author: Robert Chambers,Charles Christopher James Mitchell,James E. Penner

Publisher: OUP Oxford

ISBN: N.A

Category: Law

Page: 446

View: 4369

This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.

Philosophical Foundations of Fiduciary Law

Author: Andrew S. Gold,Paul B. Miller

Publisher: OUP Oxford

ISBN: 0191005282

Category: Law

Page: 450

View: 9550

Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.

Philosophical Foundations of Labour Law

Author: Hugh Collins,Gillian Lester,Virginia Mantouvalou

Publisher: Philosophical Foundations of L

ISBN: 0198825277

Category: Law

Page: 368

View: 5134

The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.

Historical and Philosophical Foundations of European Legal Culture

Author: Dawid Bunikowski

Publisher: Cambridge Scholars Publishing

ISBN: 1443862576

Category:

Page: 235

View: 2362

This ambitious book examines the historical, theoretical, and axiological foundations of European legal culture, and explores their practical impacts on current European law and legal ways of thinking in Europe. Including considerations about the history of law as well contemporary legal issues, the book consists of seven chapters authored by scholars from across the globe, from Italy to Taiwan. This volume shows that it is possible to speak of one European legal culture in terms of various countries’ common legal origins (Roman law, Greek philosophy, and medieval jurisprudence as the ius commune), while also discussing distinct national legal cultures and traditions in Europe. However, to understand the present day law and legal profession, it is necessary to go back to the values, theories, and thinkers which were influential in the progress of European law from ancient times to the 19th century. The book not only presents the theoretical and historical issues of European legal culture, but also acquaints the audience with the true axiological foundations of our contemporary legal institutions, and the methods of legal thinking in Europe. It is clear that many of our current legal concepts and institutions come from theorists such as Aristotle, Ulpian, Aquinas, Hobbes and Savigny. The book will be of particular interest to scholars and students of legal history, jurisprudence, and European law, especially in the context of the origins of European legal culture. Moreover, it will also appeal to all lawyers working in both the common law and the civil law traditions wishing to gain a greater understanding of European legal heritage.

Effizienz Statt Gerechtigkeit?

Auf der Suche Nach Den Philosophischen Grundlagen der Ökonomischen Analyse des Rechts

Author: Klaus Mathis

Publisher: N.A

ISBN: 9783428527243

Category: Law

Page: 255

View: 9343

»Wir blicken manchmal derart angestrengt nach Amerika, dass wir in Gefahr geraten, das Gute vor der eigenen Haustüre gar nicht mehr zu sehen. Die Disziplin Law and Economics stösst auch hierzulande nicht nur auf zunehmende Aufmerksamkeit, sondern auch auf wissenschaftliches Interesse. [...] Unter dieser Prämisse ist auch auf die Zürcher Dissertation (2003) von Klaus Mathis hinzuweisen, der sich in einer gedankenreichen Analyse der modernistischen, in Chicago neu entstandenen Richtung von Law and Economics widmet und dabei weit mehr leistet als vieles, was man bisher im deutschen Sprachraum gesehen hat.« Prof. Dr. Peter Nobel, in: NZZ, 4./5. Juni 2005»Law and Economics« hat mittlerweile an vielen deutschsprachigen Universitäten Eingang in den Fächerkanon der juristischen Ausbildung gefunden, was Autor und Verlag dazu bewogen haben, eine dritte, überarbeitete und erweiterte Auflage dieses Grundlagenwerkes herauszugeben.

Contract Law Without Foundations

Toward a Republican Theory of Contract Law

Author: Prince Saprai

Publisher: Oxford University Press, USA

ISBN: 9780198779018

Category: Law

Page: 256

View: 4059

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.

Revisiting the Philosophical Foundations of Trademarks in the US and UK

Author: Mohammad Amin Naser

Publisher: Cambridge Scholars Publishing

ISBN: 1443818291

Category: Law

Page: 230

View: 1887

This book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and realistic proposition of “co-authorship” of trademarks by both the public and trademark owners. The book develops the “Economic-Social Planning justification”, which departs from the economic argument that trademarks reduce consumer search costs, and then proposes that trademarks should be formulated in a manner which helps foster a just and attractive culture. Trademarks are thus seen as source and origin identifiers, rather than quality identifiers. The book focuses on the often ignored role of the public and their rights in trademarks and calls for the adoption of the confusion rationale for trademark protection, not the dilution individualistic rationale. The two jurisdictions of this book prove adverse effects over the rights of the public in terms of using trademarks in cultural and expressive contexts, thereby threatening the principles of freedom of expression as a human fundamental right.

The Jurisprudential Foundations of Corporate and Commercial Law

Author: Jody S. Kraus,Steven D. Walt

Publisher: Cambridge University Press

ISBN: 9780521038768

Category: Law

Page: 256

View: 1363

This collection, first published in 2000, brings together essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship. Some of the questions addressed in the volume are: What are the historical roots of efficiency analysis in contract, sales, and corporate law? Is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency compatible? Even if efficiency is otherwise reasonable as a normative goal in corporate and commercial law, does the complexity of efficiency make it practical to administer in adjudication? What is the best way of pursuing efficiency in corporate and commercial law? The volume reflects the most exciting work being done in contemporary legal theory. It will be of interest to professionals and students in law and philosophy of law.

Efficiency Instead of Justice?

Searching for the Philosophical Foundations of the Economic Analysis of Law

Author: Klaus Mathis

Publisher: Springer Science & Business Media

ISBN: 1402097980

Category: Law

Page: 220

View: 4561

Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.

Philosophical Foundations of Property Law

Author: James Penner,Henry Smith

Publisher: OUP Oxford

ISBN: 0191654523

Category: Law

Page: 450

View: 6541

Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.

Contract as Promise

A Theory of Contractual Obligation

Author: Charles Fried

Publisher: Oxford University Press

ISBN: 0190240172

Category: Law

Page: 200

View: 3626

Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field.

Philosophical Foundations of the Law of Torts

Author: John Oberdiek

Publisher: OUP Oxford

ISBN: 0191005088

Category: Law

Page: 488

View: 8911

Contemporary philosophy and tort law have long enjoyed a happy union. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. This volume brings together established and emerging scholars from around the world and from varying disciplines that bring their distinct perspective to the philosophical problems of tort law. These ground breaking essays advance longstanding debates and open up new avenues of enquiry thus deepening and broadening the field. Contributions cover the major problematic areas of tort law, such as the relations between responsibility, fault, and strict liability; the morality of harm, compensation, and repair; and the relationship of tort with criminal and property law among many others.

Der Leviathan

Author: Thomas Hobbes

Publisher: N.A

ISBN: 9783866474116

Category:

Page: 336

View: 4189

Thomas Hobbes Leviathan ist das Sinnbild unumschränkter und unteilbarer staatlicher Macht- Der Mensch, von Natur aus ein egoistisches und auf Selbsterhaltung bedachtes Wesen, findet die Sicherheit des Zusammenlebens allein in der Institution des Staates. Das 1651 erschienene Meisterwerk des einflussreichen englischen Denkers wurde besonders im 20.Jahrhundert viel diskutiert und ist bis heute Inspirationsquelle der modernen Staatstheorie.

Corporate Citizenship, Contractarianism and Ethical Theory

On Philosophical Foundations of Business Ethics

Author: Jesús Conill,Tatjana Schönwälder-Kuntze,Dr Christoph Luetge

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409496376

Category: Law

Page: 206

View: 9943

This study provides a representation of the broad spectrum of theoretical work on topics related to business ethics, with a particular focus on corporate citizenship. It considers relations of business and society alongside social responsibility and moves on to examine the historical and systemic foundations of business ethics, focusing on the concepts of social and ethical responsibilities. The contributors explore established theories and concepts and their impact on moral behaviour. Together, the contributions offer varied philosophical theories in approaches to business ethics. The book will be a valuable resource for academics and researchers with an interest in the theoretical development of business ethics.

Vertrag und Verteilung

Die Bedeutung der iustitia distributiva im Vertragsrecht

Author: Stefan Arnold

Publisher: Mohr Siebeck

ISBN: 9783161529863

Category: Law

Page: 509

View: 4924

English summary: One of the consequences that developed in a paradigm based on the theory of a social contract is that distributive justice (iustitia distributiva) has almost no relevance in contract law. Stefan Arnold engages this paradigm and shows that distributive justice permeates contract law and shapes the subsequent communal justice (iustitia commutativa). Arnold therefore presents a theory of distributive justice as a legal perspective which looks beyond exchange relationships and considers the regulative capacity of contract law. In this way, contract is able to contribute to the public good in such areas as behavioral control, protection of the weak or the realization of the public interest. When distributive justice is joined by principles of contract law, the results are positive for autonomy and self-reliance. This work demonstrated the value of distributive justice for social laws such as laws dealing with tenancy, consumer protection and discrimination. German description: Einem vertragstheoretischen Paradigma zufolge ist die iustitia distributiva im Vertragsrecht nahezu ohne Bedeutung. Stefan Arnold greift dieses Paradigma an und zeigt, dass die iustitia distributiva das Vertragsrecht ebenso durchdringt und pragt wie die iustitia commutativa . Dazu entwickelt er eine Theorie der iustitia distributiva als Gerechtigkeitsperspektive, die uber das Austauschverhaltnis hinausblickt und die regulative Kapazitat des Vertragsrechts berucksichtigt. So kann das Vertragsrecht etwa zur Verhaltenssteuerung, zum Schwacherenschutz oder zur Verwirklichung von Allgemeinwohlbelangen beitragen. Die iustitia distributiva wird vom Postulat der Vertragsfreiheit flankiert, das Autonomie und Eigenverantwortung einfordert. Die Arbeit illustriert die Bedeutung der iustitia distributiva unter anderem anhand des sozialen Mietrechts, des Verbrauchervertragsrechts und des Diskriminierungrechts.

Handbook of the Philosophical Foundations of Business Ethics

Author: Christoph Luetge

Publisher: Springer

ISBN: 9789400714953

Category: Philosophy

Page: 1582

View: 2573

The Handbook of Business Ethics: Philosophical Foundations is a standard interdisciplinary reference handbook in the field of business ethics. Articles by notable philosophers and economists examine fundamental concepts, theories and questions of business ethics: Are morality and self-interest compatible? What is meant by a just price? What did the Scholastic philosophers think about business? The handbook will cover the entire philosophical basis of business ethics. Articles range from historical positions such as Aristotelianism, Kantianism and Marxism to systematic issues like justice, religious issues, rights and globalisation or gender. The book is intended as a reference work for academics, students (esp. graduate), and professionals.

Private Law and the Rule of Law

Author: Lisa M Austin,Dennis Klimchuk

Publisher: OUP Oxford

ISBN: 0191045578

Category: Law

Page: 375

View: 3458

The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.