By Peter A. Alces
Some time past few a long time, students have provided confident, normative, and such a lot lately, interpretive theories of agreement legislations. those theories have proceeded basically (indeed, unavoidably) from deontological and consequentialist premises. In A conception of agreement legislation: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the top interpretive theories of agreement and demonstrates their doctrinal disasters. Professor Alces offers the major canonical situations that tell the extant theories of agreement legislation in either their ancient and transactional contexts and argues that ethical psychology presents a greater cause of the agreement doctrine than do substitute complete interpretive approaches.
Read or Download A Theory of Contract Law: Empirical Insights and Moral Psychology PDF
Similar business books
We now dwell in a 'wiki' global the place mass collaboration is not just possible'it's frequently the simplest answer. traditional administration idea assumes that command-and-control is the simplest approach to set up the efforts of enormous numbers of individuals, yet swift swap and lengthening complexity have rendered that version out of date.
Leave the Bastards Behind: An Insider's Guide to Working for Yourself
Have you considered operating for your self? probably its whatever you've been dreaming approximately for years. Is so, depart the Bastards at the back of is for you. For too lengthy, you've labored for different people's businesses and been bossed round by means of poor bosses. now's the time to paintings for the easiest boss you've gotten — your self!
Ideas Are Free: How the Idea Revolution Is Liberating People and Transforming Organizations
As a matter of fact, simply because they're those truly doing the daily paintings front-line staff see an outstanding many difficulties and possibilities that their managers don't. yet such a lot organisations do very poorly at tapping into this striking power resource of revenue-enhancing, savings-generating rules.
- Perspectives in Business Informatics Research: 11th International Conference, BIR 2012, Nizhny Novgorod, Russia, September 24-26, 2012. Proceedings
- Fortune Small Business (September, 2007)
- The Power of a Positive No: How to Say No and Still Get to Yes
- Global Business Strategies in Crisis: Strategic Thinking and Development
Additional resources for A Theory of Contract Law: Empirical Insights and Moral Psychology
20 There really is no contradiction, in fact. Mental assent is requisite; it is just that the best evidence of that assent is objective indicia. So Lucy v. Zehmer relies on the Restatement provision built on Raffles21 to capture all that can be captured concerning the requisite states of mind of the parties to a contract. In terms resonant of Lucy v. ”23 Lucy v. Zehmer is also credited as a source of Section 16, “Intoxicated Persons,” of the Second Restatement, though it is not so clear that the case has anything at all to say about the contracts of intoxicated persons.
16 A Theory of Contract Law: Empirical Insights and Moral Psychology Another example: The law on contract modification is not a model of clarity. The decisions and pertinent legislative enactments reach and occasionally codify diverse conclusions. 4 But we might still conclude that Alaska Packers is part of the canon because it formulates the problem in terms that demonstrate the balance of normative considerations implicated in the contract modification setting. If law students and lawyers encounter a contract modification issue, they might only recognize it as a potential problem because of Alaska Packers, if that case were part of their first-year contracts experience.
That is, the cases are presented in terms that emphasize their canonical status according to the parameters suggested in this chapter. It is only after that catalog that the normative foundation of the canonical cases is considered in terms of the extant theories of contract. So, Chapters Three, “Contract Formation Doctrine”; Five, “Contract Performance Doctrine”; and Seven, “Contract Enforcement Doctrine,” assert the canonical status of certain cases. Chapters Four, “Theory of Contract Formation”; Six, “Theory of Contract Performance”; and Eight, “Theory of Contract Enforcement,” consider the fit of those cases with deontic and consequentialist normative theories.