Contract Law Minimalism

A Formalist Restatement of Commercial Contract Law

Author: Jonathan Morgan

Publisher: Cambridge University Press

ISBN: 110747020X

Category: Law

Page: 312

View: 874

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Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
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Contract Law

Principles and Context

Author: Andrew Stewart,Warren Swain,Karen Fairweather

Publisher: Cambridge University Press

ISBN: 1107687489

Category: Law

Page: 552

View: 4850

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Provides a fresh, topical and accessible account of the Australian law of contract.
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Contract Law

Author: Neil Andrews

Publisher: Cambridge University Press

ISBN: 1316299236

Category: Law

Page: N.A

View: 1892

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Significantly streamlined and updated, the second edition of Andrews' Contract Law now provides a clear and succinct examination of all of the topics in the contract law curriculum. Chapters direct students to the most important decisions in case law and employ a two-level structure to integrate short judicial excerpts into detailed discussion and analysis. Exploration of the law's 'loose ends' strengthens students' ability to effectively analyse case law, and new end-of-chapter questions, which focus on both core aspects of the law and interesting legal loopholes, assist students in preparing for exams. Students are guided through chapter material by concise chapter overviews and a two-colour text design that highlights important chapter elements. Suggestions for further reading and a rich bibliography, which point readers to important pieces of contemporary literature and provide a springboard for deeper investigation of particular topics, lend further support for student learning.
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The Constitutional Dimension of Contract Law

A Comparative Perspective

Author: Luca Siliquini-Cinelli,Andrew Hutchison

Publisher: Springer

ISBN: 3319498436

Category: Law

Page: 324

View: 3470

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One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated ‘civilising mission’ of the contract, a notion which itself constitutes the canon of the Western liberal principle of ‘civilised economy’. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.
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Law, Justice and the State

Essays on Justice and Rights : Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993

Author: International Association for Philosophy of Law and Social Philosophy. World Congress,Aleksander Peczenik

Publisher: Franz Steiner Verlag Wiesbaden gmbh

ISBN: N.A

Category: Social Science

Page: 272

View: 7904

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"Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993."--T.p.
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Minimalism: A Guide to Simple Living

How to Lead a Simple Life a Simple Blueprint to Minimalism

Author: Anna Gracey

Publisher: Speedy Publishing LLC

ISBN: 1630225487

Category: Self-Help

Page: 20

View: 7580

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The society has become an extremely busy one and as such it has become imperative for some to find that escape from the hubbub that is experienced every day. Enter the minimalist...for anyone that is interested in learning about the minimalist lifestyle here is "Minimalism: A Guide to Simple Living." This practice is not something new as it has been done by many for centuries; it is simply making resurgence in modern society. This practice is one which allows the individual to step back from the materialistic form of existence and simply to use only what they need and in the extreme cases they rely on their own sustainability. The book gives a through definition of minimalism and then gets into the various tenets that surround it.
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Law and Bioethics

Author: Michael D. A. Freeman

Publisher: Current Legal Issues

ISBN: N.A

Category: Language Arts & Disciplines

Page: 482

View: 4018

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Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Bioethics, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and bioethics. It includes studies examining the regulation of stem cell research, human rights and bioethics, the regulation of reproductive technologies, and distributive justice in healthcare and pandemic planning.
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Principles of Criminal Law

Author: Andrew Ashworth

Publisher: Oxford University Press

ISBN: N.A

Category: History

Page: 496

View: 1180

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The Criminal Law is an immensely complex and fascinating subject, and it is becoming larger and more complex each year. The aim of this book is to introduce British criminal law through a study of its underlying principles and policies. Exploring the major spheres of criminal liability, the book raises questions about the proper limit of the Criminal law, the relative seriousness of harms, the various principles grounded in fairness to individuals, policies designed to further the aims of Criminal Law, and ideas of criminal culpability. Now in its second edition, this hugely popular textbook has been thoroughly revised and updated to incorporate all major changes to the law as at January 1995. In particular, this new edition offers a more in-depth analysis of substantive law - with almost twice as many cases cited, whilst retaining its theoretical and contextual framework. This volume will continue to prove an invaluable introduction to the criminal law.
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The Sociology of Community Connections

Author: John G. Bruhn

Publisher: Springer Science & Business Media

ISBN: 0306486172

Category: Social Science

Page: 304

View: 9028

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This book discusses the rationale for community, the varieties of communities, the effect of social change on communities and many other factors, tying the concept to the various levels of human interaction, from the global to the individual.
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