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Choice, Contract, Consent

Choice, Contract, Consent PDF Author: Anthony De Jasay
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 144

Book Description
Choice, Contract, Consent, in restating liberalism, finds its rock-bottom foundations in six first principles that are either self-evident, or readily acceptable to bona fide reason. These simple, relatively undemanding principles dictate the outline of a stable political doctrine. The doctrine is strict, in that it confines the state to mandatory tasks, instead of allowing it discretionary latitude within rules. This is a loose constraint because collective choice can choose its own rules. Political doctrine informs practical politics. In politics, collective choice replace and often overrides individual choice. For this to be legitimate, it does not suffice to respect procedures, such as those demanded by democracy. Collective choice to be morally justified, needs substantive legitimacy too. Choice, Contract, Consent develops the conditions that substantive legitimacy must meet and delineates the restricted class of cases where a liberal government may pre empt the voluntary choices of its citizens.

Choice, Contract, Consent

Choice, Contract, Consent PDF Author: Anthony De Jasay
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 144

Book Description
Choice, Contract, Consent, in restating liberalism, finds its rock-bottom foundations in six first principles that are either self-evident, or readily acceptable to bona fide reason. These simple, relatively undemanding principles dictate the outline of a stable political doctrine. The doctrine is strict, in that it confines the state to mandatory tasks, instead of allowing it discretionary latitude within rules. This is a loose constraint because collective choice can choose its own rules. Political doctrine informs practical politics. In politics, collective choice replace and often overrides individual choice. For this to be legitimate, it does not suffice to respect procedures, such as those demanded by democracy. Collective choice to be morally justified, needs substantive legitimacy too. Choice, Contract, Consent develops the conditions that substantive legitimacy must meet and delineates the restricted class of cases where a liberal government may pre empt the voluntary choices of its citizens.

Commercial Contract Law

Commercial Contract Law PDF Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107028086
Category : Law
Languages : en
Pages : 623

Book Description
Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.

Business Law I Essentials

Business Law I Essentials PDF Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher:
ISBN: 9781680923025
Category :
Languages : en
Pages : 180

Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Consentability

Consentability PDF Author: Nancy S. Kim
Publisher: Cambridge University Press
ISBN: 1107164915
Category : Law
Languages : en
Pages : 257

Book Description
Proposes a reconceptualization of consent which argues that consent should be viewed as a dynamic concept that is context-dependent, incremental, and variable.

Inheriting the Revolution

Inheriting the Revolution PDF Author: Joyce Appleby
Publisher: Harvard University Press
ISBN: 0674006631
Category : History
Languages : en
Pages : 338

Book Description
Details the experiences of the first generation of Americans who inherited the independent country, discussing the lives, businesses, and religious freedoms that transformed the country in its early years.

SOCIAL CONTRACT.

SOCIAL CONTRACT. PDF Author: JEAN-JACQUES. ROUSSEAU
Publisher:
ISBN: 9781398840331
Category :
Languages : en
Pages : 0

Book Description


War by Agreement

War by Agreement PDF Author: Yitzhak Benbaji
Publisher:
ISBN: 0199577196
Category : Law
Languages : en
Pages : 230

Book Description
War by Agreement presents a new theory on the ethics of war. It shows that wars can be morally justified at both the ad bellum level (the political decision to go to war) and the in bello level (its actual conduct by the military)by accepting a contractarian account of the rules governing war. According to this account, the rules of war are anchored in a mutually beneficial and fair agreement between the relevant players - the purpose of which is to promote peace and to reduce the horrors of war. The book relies on the long social contract tradition and illustrates its fruitfulness in understanding and developing the morality and the law of war.

Political Philosophy

Political Philosophy PDF Author: Jean Hampton
Publisher: Routledge
ISBN: 042996675X
Category : Political Science
Languages : en
Pages : 288

Book Description
In this sophisticated yet accessible text, Hampton neatly synthesizes the classical tradition, the giants of the modern period, the dominant topics of the 20th century, as well as the new questions and concerns that are just beginning to rewrite contemporary political philosophy. }Political philosophy, perhaps even more than other branches of philosophy, calls for constant renewal to reflect not just re-readings of the tradition but also the demands of current events. In this lively and readable survey, Jean Hampton has created a text for our time that does justice both to the great traditions of the field and to the newest developments. In a marvelous feat of synthesis, she links the classical tradition, the giants of the modern period, the dominant topics of the twentieth century, and the new questions and concerns that are just beginning to rewrite contemporary political philosophy.Hampton presents these traditions in an engaging and accessible manner, adding to them her own views and encouraging readers to critically examine a range of ideas and to reach their own conclusions. Of particular interest are the discussions of the contemporary liberalism-communitarianism debates, the revival of interest in issues of citizenship and nationality, and the way in which feminist concerns are integrated into all these discussions. Political Philosophy is the most modern text on the topic now available, the ideal guide to what is going on in the field. It will be welcomed by scholars and students in philosophy and political science, and it will serve as an introduction for readers from outside these fields.

A Theory of Justice

A Theory of Justice PDF Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Category : Philosophy
Languages : en
Pages : 624

Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Constructing Authorities

Constructing Authorities PDF Author: Onora O'Neill
Publisher: Cambridge University Press
ISBN: 1316453782
Category : Philosophy
Languages : en
Pages : 263

Book Description
This collection of essays brings together the central lines of thought in Onora O'Neill's work on Kant's philosophy, developed over many years. Challenging the claim that Kant's attempt to provide a critique of reason fails because it collapses into a dogmatic argument from authority, O'Neill shows why Kant held that we must construct, rather than assume, the authority of reason, and how this can be done by ensuring that anything we offer as reasons can be followed by others, including others with whom we disagree. She argues that this constructivist view of reasoning is the clue to Kant's claims about knowledge, ethics and politics, as well as to his distinctive accounts of autonomy, the social contract, cosmopolitan justice and scriptural interpretation. Her essays are a distinctive and illuminating commentary on Kant's fundamental philosophical strategy and its implications, and will be a vital resource for scholars of Kant, ethics and philosophy of law.