
Contract As Promise Is A Study Of The Philosophical Foundations Of Contract Law In Which Professor Fried Effectively Answers Some Of The Most Common Assumptions About Contract Law And Strongly Proposes A Moral Basis For It While Defending The Classical Theory Of Contract. This Book Provides Two Purposes Regarding The Complex Legal Institution Of The Contract. The First Is The Theoretical Purpose To Demonstrate How Contract Law Can Be Traced To And Is Determined By A Small Number Of Basic Moral Principles. At The Theory Level The Author Shows That Contract Law Does Have An Underlying, And Unifying Structure. The Second Is A Pedagogic Purpose To Provide For Students The Underlying Structure Of Contract Law. At This Level Of Doctrinal Exposition The Author Shows That Structure Can Be Referred To Moral Principles. Together The Two Purposes Support Each Other In An Effective And Comprehensive Study Of Contract Law. This Second Edition Retains The Original Text, And Includes A New Preface. It Also Includes A Substantial New Essay Entitled Contract As Promise In The Light Of Subsequent Scholarship--especially Law And Economics Which Serves As A Retrospective Of The Work Accomplished In The Last Thirty Years, While Responding To Present And Future Work In The Field.
This work investigates whether contract law can be grounded in a coherent set of moral principles rather than purely economic or utilitarian considerations. Charles Fried, a professor of law, utilizes his expertise in legal philosophy to argue that the classical theory of contract is fundamentally rooted in the moral obligation of keeping one's promise. By tracing doctrinal rules back to these moral foundations, he seeks to provide both a theoretical framework for scholars and a pedagogical structure for students of law.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently cite this work as a foundational text for understanding the moral dimensions of contract law. Readers often note the academic density of the prose, which requires a strong background in legal theory to fully appreciate the author's arguments.
Page Count:
200
Publication Date:
2015-01-01
Publisher:
Oxford University Press
ISBN-10:
0190240172
ISBN-13:
9780190240172
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