Contract and promise
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
A contract theory is an attempt both to make normative sense of contract law as an institutional type and to come up with criteria for the evaluation of the law of any particular place. There is no precise rule telling us how far the prescriptions of a theory can deviate from actually existing contract law and still be a theory of contract — rather than a political proposal to replace contract law with something else. But we can say roughly that contract theory aims to provide normative foundations for the type of legal institution that enforces (some) agreements and unilateral commitments. Having provided an account of the point of having an institution of that general kind, the theory can then be used to evaluate existing examples.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
Josse Klijnsma (2015). Contract Law as Fairness. Ratio Juris 28 (1):68-88.
Similar books and articles
Jeffery A. Thompson & David W. Hart (2006). Psychological Contracts: A Nano-Level Perspective on Social Contract Theory. [REVIEW] Journal of Business Ethics 68 (3):229 - 241.
Brian Bix (2008). Contract Rights and Remedies, and the Divergence Between Law and Morality. Ratio Juris 21 (2):194-211.
Jeffrey Lipshaw (2008). Objectivity and Subjectivity in Contract Law: A Copernican Response to Professor Shiffrin. Canadian Journal of Law and Jurisprudence 21 (2):399-410.
Anders J. Persson (2006). The Contract of Employment - Ethical Dimensions. Journal of Business Ethics 66 (4):407 - 415.
Thomas Donaldson (1990). Social Contracts and Corporations: A Reply to Hodapp. [REVIEW] Journal of Business Ethics 9 (2):133 - 137.
Qi Zhou, An Economic Perspective on the Doctrine of Unilateral Mistake in English Contract Law: A Remedy-Based Approach.
Kimberly K. Smith (2008). Animals and the Social Contract. Environmental Ethics 30 (2):195-207.
B. I. X. H. (2008). Contract Rights and Remedies, and the Divergence Between Law and Morality. Ratio Juris 21 (2):194-211.
Added to index2009-01-28
Total downloads35 ( #92,227 of 1,725,873 )
Recent downloads (6 months)1 ( #348,700 of 1,725,873 )
How can I increase my downloads?