ENGLISH

Reasonableness and Responsibility: A Theory of Contract Law

By Martín Hevia (auth.)

Book information

Publisher
Springer Netherlands
Year
2013
ISBN
978-94-007-4604-6, 978-94-007-4605-3
DOI
10.1007/978-94-007-4605-3
Language
english
Format
PDF
Filesize
968 kB (991239 bytes)
Series
Law and Philosophy Library 101
Edition
1
Pages
184\184
Orientation
yes
Scanned
yes
Time added
2013-10-27 13:34:48
Legal History; Political Philosophy; Civil LawPhilosophy of LawTheories of Law

Description

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.

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