Reasonableness and Responsibility: A Theory of Contract Law

If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law?
This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction - that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.

List of contents

Introduction.- Chapter I: Setting the Scene: Distributive Justice, Corrective Justice, and Monism in Political Philosophy and Contract Law.- Chapter III: Libertarianism and the Law of Contracts.- Chapter IV: The Division of Responsibility and Contract Law.- Chapter V: Explaining Contract Doctrine.- Chapter VI: The Objective Standard of Interaction in Contract Law: The Reasonable Person.- Chapter VII: Fuller, Fried and the Nature of Contractual Rights and Remedies.- Chapter VIII: Contracts and Third Parties.- Chapter IX: Material Non-Disclosure, Corrective Justice, and the Division of Responsibility.- Index.

Summary

If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law?
This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.

Product details

• Authors: Martin Hevia, Martín Hevia
• Publisher: Springer Netherlands
• Languages: English
• Product format: Hardback
• Released: 31.08.2012
• EAN: 9789400746046
• ISBN: 978-94-0-074604-6
• No. of pages: 184
• Dimensions: 161 mm x 242 mm x 16 mm
• Weight: 428 g
• Illustrations: VIII, 184 p.
• Series: Law and Philosophy Library; Law and Philosophy Library
• Subjects: Social sciences, law, business > Law > General, dictionaries; B, Soziale und politische Philosophie, Law, Zivilrecht, Privatrecht, allgemein, Rechtsordnungen: Zivilrecht, Code Civil, Political Philosophy, Social & political philosophy, Civil Law, Law and Criminology, Law—Philosophy, Theories of Law, Philosophy of Law, Legal History, Private or civil law: general, Systems of law: civil codes / civil law, Reasonableness and Contract Law Theory, Rawls's Theory of Justice, Monism in Political Philosophy, Limits on Freedom of Contract, Nature of Contractual Rights, Privity of Contract Rule