reasonableness and responsibility a theory of contract law 101 law and philosophy library

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Reasonableness And Responsibility A Theory Of Contract Law

Author : Martín Hevia
ISBN : 9789400746053
Genre : Law
File Size : 43. 23 MB
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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.

Das Englische Gesch Ft Mit Der Nachtigall

Author : Ingeborg Zechner
ISBN : 9783205201434
Genre : Music
File Size : 35. 16 MB
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Die italienischen Opernbühnen Londons – das King’s Theatre bzw. das Her Majesty’s Theatre und ab 1847 das Royal Italian Opera House Covent Garden – fungierten im 19. Jahrhundert als wichtigster Markt der internationalen Opernwelt. Die tragenden Säulen dieses Systems bildeten internationale Sängerstars, wie Jenny Lind, die durch die hohen Londoner Gagen lukrative Einkünfte erzielten. Das Buch analysiert im Zeitraum von 1806 bis 1867 Aspekte des Sängerwesens der englischen Hauptstadt. und nimmt eine Charakterisierung des Londoner Opernsystems und seiner Protagonisten vor. Faktoren wie der Zusammensetzung des Londoner Opernpublikums, der Gestaltung von Sängerverträgen und der gängigen Adaptions- und Einlagearienpraxis kommt ein besonderes Augenmerk zu.

The Law Of Contract In South Africa

Author : Dale Hutchison
ISBN : 0190419822
Genre : Contracts
File Size : 52. 25 MB
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Constitutionalism And Legal Reasoning

Author : Massimo La Torre
ISBN : 9781402055959
Genre : Law
File Size : 44. 10 MB
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This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command. Law is more a matter of discourse and deliberation than of sheer decision or of power relations. Here is thought-provoking reading for lawyers, advocates, scholars of jurisprudence, students of law, philosophy and political science, and general readers concerned with the future of the constitutional state.

The Ideal Element In Law

Author : Roscoe Pound
ISBN : 0865973253
Genre : Law
File Size : 52. 48 MB
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Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and liberty. The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

Race Rights And Justice

Author : J. Angelo Corlett
ISBN : 9781402096525
Genre : Philosophy
File Size : 84. 92 MB
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Race, Rights, and Justice explores questions of the nature of law and constitutional interpretation, international law and global justice, and the nature, function, and importance of rights each from a perspective that takes seriously the realities of race and racism. After a critical assessment of various contemporary theories of law is provided, a new theory of legal interpretation is set forth and defended. The respective words of Immanuel Kant and H.L.A. Hart on the possibility and desirability of international law are carefully explicated. Following this, Race, Rights, and Justice defends John Rawls' Law of Peoples from the cosmopolitan liberal critique of it. The nature and importance of rights, both individual and collective, are clarified while correcting some political philosophies that have propagated confused rhetoric about rights. And the collective right to humanitarian intervention is investigated philosophically in terms of the recent problems in Colombia, with surprisingly original results. While the methodology of this book is thoroughly analytical, philosophically speaking, some of the conclusions drawn are substantially original, infusing the facts of race and racism into mainstream matters of philosophy of law. "In this collection of essays, J. Angelo Corlett continues his important work of bringing the perspective of indigenous peoples, and more generally of race, into mainstream philosophical debates about justice and rights. Corlett's book also has very valuable insights into the nature of international law that will greatly enrich our contemporary debates." (Larry May, Washington University in St. Louis, USA) "Angelo Corlett is a prolific writer whose work is invariably stimulating, provocative, and insightful. Race, Rights, and Justice is an important addition to the oeuvre. Corlett is not afraid to tackle big problems, and big names. See, for example, his scathing criticisms of Bork and Scalia on constitutional interpretation." (Burleigh T. Wilkins, University of California, Santa Barbara, USA)

The Genius Of The Common Law

Author : Sir Frederick Pollock
ISBN : HARVARD:32044012698536
Genre : Law
File Size : 48. 75 MB
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Contracting For Abs

Author : Shakeel Bhatti
ISBN : 9782831709826
Genre : Law
File Size : 31. 51 MB
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The designation of geographical entities in this book, and the presentation of the material, do not imply the expression of any opinion whatsoever on the part of IUCN or the German Federal Ministry for Economic Cooperation and Development (BMZ) concerning the legal status of any country, territory, or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.

Supervenience And Normativity

Author : Bartosz Brożek
ISBN : 9783319610467
Genre : Law
File Size : 61. 89 MB
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The present collection represents an attempt to bring together several contributions to the ongoing debate pertaining to supervenience of the normative in law and morals and strives to be the first work that addresses the topic comprehensively. It addresses the controversies surrounding the idea of normative supervenience and the philosophical conceptions they generated, deserve a recapitulation, as well as a new impulse for further development. Recently, there has been renewed interest in the concepts of normativity and supervenience. The research on normativity – a term introduced to the philosophical jargon by Edmund Husserl almost one hundred years ago – gained impetus in the 1990s through the works of such philosophers as Robert Audi, Christine Korsgaard, Robert Brandom, Paul Boghossian or Joseph Raz. The problem of the nature and sources of normativity has been investigated not only in morals and in relation to language, but also in other domains, e.g. in law or in the c ontext of the theories of rationality. Supervenience, understood as a special kind of relation between properties and weaker than entailment, has become analytic philosophers’ favorite formal tool since 1980s. It features in the theories pertaining to mental properties, but also in aesthetics or the law. In recent years, the ‘marriage’ of normativity and supervenience has become an object of many philosophical theories as well as heated debates. It seems that the conceptual apparatus of the supervenience theory makes it possible to state precisely some claims pertaining to normativity, as well as illuminate the problems surrounding it.

Encyclopedia Of Ethics

Author : Lawrence C. Becker
ISBN : 9781135350963
Genre : Philosophy
File Size : 76. 78 MB
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The editors, working with a team of 325 renowned authorities in the field of ethics, have revised, expanded and updated this classic encyclopedia. Along with the addition of 150 new entries, all of the original articles have been newly peer-reviewed and revised, bibliographies have been updated throughout, and the overall design of the work has been enhanced for easier access to cross-references and other reference features. New entries include * Cheating * Dirty hands * Gay ethics * Holocaust * Journalism * Political correctness * and many more.

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