Justice In Transactions

Author : Peter Benson
Publisher : Harvard University Press
Page : 625 pages
File Size : 55,6 Mb
Release : 2019-12-17
Category : Law
ISBN : 9780674241992

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Justice in Transactions by Peter Benson Pdf

“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.

Author : Peter Benson
Publisher : Harvard University Press
Page : 625 pages
File Size : 47,9 Mb
Release : 2019-12-03
Category : Law
ISBN : 9780674237599

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Justice in Transactions by Peter Benson Pdf

Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.

Author : Frank H. Easterbrook,Daniel R. Fischel
Publisher : Harvard University Press
Page : 386 pages
File Size : 46,9 Mb
Release : 1996
Category : Business & Economics
ISBN : 0674235398

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The Economic Structure of Corporate Law by Frank H. Easterbrook,Daniel R. Fischel Pdf

This text argues that the rules and practices of corporate law mimic contractual provisions that parties involved in corporate enterprise would reach if they always bargained at zero cost and flawlessly enforced their agreements. It states that corporate l

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 436 pages
File Size : 44,6 Mb
Release : 1983-08-16
Category : Law
ISBN : 9780674252813

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The Economics of Justice by Richard A. Posner Pdf

Richard A. Posner is probably the leading scholar in the rapidly growing field of the economics of law; he is also an extremely lucid writer. In this book, he applies economic theory to four areas of interest to students of social and legal institutions: the theory of justice, primitive and ancient social and legal institutions, the law and economics of privacy and reputation, and the law and economics of racial discrimination. The book is designed to display the power of economics to organize and illuminate diverse fields in the study of nonmarket behavior and institutions. A central theme is the importance of uncertainty to an understanding of social and legal institutions. Another major theme is that the logic of the law, in many ways but not all, appears to be an economic one: that judges, for example, in interpreting the common law, act as if they were trying to maximize economic welfare. Part I examines the deficiencies of utilitarianism as both a positive and a normative basis of understanding law, ethics, and social institutions, and suggests in its place the economist’s concept of “wealth maximization.” Part II, an examination of the social and legal institutions of archaic societies, notably that of ancient Greece and primitive societies, argues that economic analysis holds the key to understanding such diverse features of these societies as reciprocal gift-giving, blood guilt, marriage customs, liability rules, and the prestige accorded to generosity. Many topics relevant to modern social and philosophical debate, including the origin of the state and the retributive theory of punishment, are addressed. Parts III and IV deal with more contemporary social and jurisprudential questions. Part III is an economic analysis of privacy and the statutory and common law rules that protect privacy and related interests—rules that include the tort law of privacy, assault and battery, and defamation. Finally, Part IV examines, again from an economic standpoint, the controversial areas of racial and sexual discrimination, with special reference to affirmative action. Both Part III and Part IV develop as a sub-theme the issue of proper standards of constitutional adjudication by the Supreme Court.

Author : Ronald Dworkin
Publisher : Unknown
Page : 0 pages
File Size : 43,8 Mb
Release : 2011-11
Category : Law
ISBN : 8175342560

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Law's Empire by Ronald Dworkin Pdf

In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.

Author : John RAWLS
Publisher : Harvard University Press
Page : 624 pages
File Size : 55,7 Mb
Release : 2009-06-30
Category : Philosophy
ISBN : 9780674042605

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A Theory of Justice by John RAWLS Pdf

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.

Author : Deborah L. RHODE,Deborah L Rhode
Publisher : Harvard University Press
Page : 441 pages
File Size : 46,5 Mb
Release : 2009-06-30
Category : Law
ISBN : 9780674042674

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Justice and Gender by Deborah L. RHODE,Deborah L Rhode Pdf

This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last two centuries against a background of historical and sociological changes in women's activities and attitudes toward these new developments. She shows the way cultural perceptions of gender influence and in turn are influenced by legal constructions, and what this complicated interaction implies about the possibility-or impossibility-of using law as a tool of social change. Table of Contents: Introduction Part One: Historical Frameworks 1. Natural Rights and Natural Roles Domesticity as Destiny The Emergence of a Feminist Movement Nineteenth-Century Legal Ideology: Separate and Unequal 2. The Fragmentation of Feminism and the Legalization of Difference The Postsuffrage Women's Movement Separate Spheres and Legal Thought Part Two: Equal Rights in Retrospect 3. Feminist Challenges and Legal Responses The Growth of the Contemporary Women's Movement Governmental Rejoinders Liberalism and Liberation 4. The Equal Rights Campaign Instrumental Claims Symbolic Underpinnings Political Strategies Requiems and Revivals 5. The Evolution of Discrimination Doctrine The Search for Standards Separate Spheres Revisited: Bona Fide Occupational Qualifications Definitions of Difference Part Three: Contemporary Issues 6. False Dichotomies Benign and Invidious Discrimination in Welfare Policy: Elderly Women and Social Security Special Treatment or Equal Treatment: Pregnancy, Maternal, and Caretaking Policy Public and Private: Social Welfare and Childcare Policies 7. Competing Perspectives on Family Policy Form and Substance: The Marital-Nonmarital Divide Lesbian-Gay Rights and Social Wrongs Equality and Equity in Divorce Reform Text and Subtext in Custody Adjudication 8. Equality in Form and Equality in Fact: Women and Work Occupational Inequality The Legal Response Employment Policy and Structural Change 9. Reproductive Freedom The Historical Legacy Abortion Adolescent Pregnancy Reproductive Technology 10. Sex and Violence Sexual Harassment Domestic Violence Rape Prostitution Pornography 11. Association and Assimilation Private Clubs and Public Values Education Athletics Different But Equal Conclusion: Principles and Priorities Differences over Difference Differences over Sameness Theory about Theory Legal Frameworks Notes Index Reviews of this book: Rhode's work is impressive in its scholarship and its range...a compelling account. --Josephine Shaw, International and Comparative Law Quarterly Reviews of this book: The definitive treatment of the American legal system's struggle to deal with issues pertaining to gender...The strength of Rhode's analysis, however, is not its historical aspect but its probing view of modern gender issues...The focus is always on the deeper forces that have led to gender disadvantage...There is much to be learned from reading this volume. --Victoria J. Dodd, Bimonthly Review of Law Books Reviews of this book: A comprensive journey through the history of law and gender...The book is important in a number of ways...[It] paints in stark, irrefutable colors the irrational prejudices that have served to justify legal determinations limiting equality...[I]t has the audacity to ask the law to turn on itself and work more justly. --Sheila James Kuehl, California Lawyer Reviews of this book: Encyclopedic.. . Thorough, carefully nuanced ... [Rhode] gives all sides their fair due on every issue she takes up... A valuable resource for many years to come. --Susan 0kin, Law and Social Inquiry Justice and Gender breaks the impasse created by legal and theoretical debates over 'sameness' and 'difference.' Deborah Rhode's brilliant analysis of gender and the law in the United States from the nineteenth century to the present argues persuasively for theories rooted in careful contextual analysis and for a legal emphasis on gender disadvantage rather than gender difference. This book offers a new vantage point from which to think about the role of law in building a just society. --Sarah M. Evans, University of Minnesota

Author : Robert Nozick
Publisher : John Wiley & Sons
Page : 386 pages
File Size : 48,7 Mb
Release : 1974
Category : Anarchism
ISBN : 9780631197805

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Anarchy, State, and Utopia by Robert Nozick Pdf

Robert Nozicka s Anarchy, State, and Utopia is a powerful, philosophical challenge to the most widely held political and social positions of our age ---- liberal, socialist and conservative.

Author : Paul Barron,Mark B. Wessman
Publisher : West Academic Publishing
Page : 0 pages
File Size : 50,8 Mb
Release : 2011
Category : Security (Law)
ISBN : 0314267514

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Secured Transactions by Paul Barron,Mark B. Wessman Pdf

The core of this law school casebook is an extensive set of hypothetical problems designed to force students to come to grips with Article 9 provisions directly, assuming that the student has just been hired as a junior in-house counsel for a mythical bank holding company. It then takes the student through the series of problems generated by various lending subsidiaries. The tone is light, with recurring characters, and footnotes which include the necessary Code citations and case citations to supplement the included materials. This book is intended for teachers who want an in depth treatment of Article 9, believe Article 9 need not be drudgery either for students or instructors, and have a sense of humor. The new edition adds some new problems and text and includes a substantial number of recent cases and secondary sources to the footnotes that will help students both answer the problems and extend their understanding of the concepts being covered.

Author : Martín Hevia
Publisher : Springer Science & Business Media
Page : 185 pages
File Size : 44,6 Mb
Release : 2012-09-12
Category : Law
ISBN : 9789400746046

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Reasonableness and Responsibility: A Theory of Contract Law by Martín Hevia Pdf

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.

Author : Paul M. Perell
Publisher : Unknown
Page : 402 pages
File Size : 46,7 Mb
Release : 2011
Category : Land titles
ISBN : 0888045492

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Lectures in Real Estate Transactions by Paul M. Perell Pdf

Author : Harvard University Press
Publisher : Harvard University Press
Page : 171 pages
File Size : 40,9 Mb
Release : 2020-08-06
Category : History
ISBN : 9780674251663

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Racism in America by Harvard University Press Pdf

Racism in America has been the subject of serious scholarship for decades. At Harvard University Press, we’ve had the honor of publishing some of the most influential books on the subject. The excerpts in this volume—culled from works of history, law, sociology, medicine, economics, critical theory, philosophy, art, and literature—are an invitation to understand anti-Black racism through the eyes of our most incisive commentators. Readers will find such classic selections as Toni Morrison’s description of the Africanist presence in the White American literary imagination, Walter Johnson’s depiction of the nation’s largest slave market, and Stuart Hall’s theorization of the relationship between race and nationhood. More recent voices include Khalil Gibran Muhammad on the pernicious myth of Black criminality, Elizabeth Hinton on the link between mass incarceration and 1960s social welfare programs, Anthony Abraham Jack on how elite institutions continue to fail first-generation college students, Mehrsa Baradaran on the racial wealth gap, Nicole Fleetwood on carceral art, and Joshua Bennett on the anti-Black bias implicit in how we talk about animals and the environment. Because the experiences of non-White people are integral to the history of racism and often bound up in the story of Black Americans, we have included writers who focus on the struggles of Native Americans, Latinos, and Asians as well. Racism in America is for all curious readers, teachers, and students who wish to discover for themselves the complex and rewarding intellectual work that has sustained our national conversation on race and will continue to guide us in future years.

Author : Lloyd L. Weinreb
Publisher : Harvard University Press
Page : 340 pages
File Size : 41,9 Mb
Release : 1987
Category : Law
ISBN : 0674604261

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Natural Law and Justice by Lloyd L. Weinreb Pdf

"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally.

Author : Raymond Wacks
Publisher : OUP Oxford
Page : 152 pages
File Size : 40,9 Mb
Release : 2014-02-27
Category : Law
ISBN : 9780191510649

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Philosophy of Law: A Very Short Introduction by Raymond Wacks Pdf

The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Author : Michael J. Sandel
Publisher : Farrar, Straus and Giroux
Page : 256 pages
File Size : 40,7 Mb
Release : 2012-04-24
Category : Philosophy
ISBN : 9781429942584

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What Money Can't Buy by Michael J. Sandel Pdf

Should we pay children to read books or to get good grades? Should we allow corporations to pay for the right to pollute the atmosphere? Is it ethical to pay people to test risky new drugs or to donate their organs? What about hiring mercenaries to fight our wars? Auctioning admission to elite universities? Selling citizenship to immigrants willing to pay? In What Money Can't Buy, Michael J. Sandel takes on one of the biggest ethical questions of our time: Is there something wrong with a world in which everything is for sale? If so, how can we prevent market values from reaching into spheres of life where they don't belong? What are the moral limits of markets? In recent decades, market values have crowded out nonmarket norms in almost every aspect of life—medicine, education, government, law, art, sports, even family life and personal relations. Without quite realizing it, Sandel argues, we have drifted from having a market economy to being a market society. Is this where we want to be?In his New York Times bestseller Justice, Sandel showed himself to be a master at illuminating, with clarity and verve, the hard moral questions we confront in our everyday lives. Now, in What Money Can't Buy, he provokes an essential discussion that we, in our market-driven age, need to have: What is the proper role of markets in a democratic society—and how can we protect the moral and civic goods that markets don't honor and that money can't buy?