Contract as Promise A Theory of Contractual Obligation

ISBN-10: 0674169301
ISBN-13: 9780674169302
Edition: 1981
Authors: Charles Fried
List price: $31.00
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Description: This book displays the underlying structure of a complex body of law and integrates that structure with moral principles. Charles Fried grounds the basic legal institution of contract in the morality of promise, under which individuals incur  More...

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Book details

List price: $31.00
Copyright year: 1981
Publisher: Harvard University Press
Publication date: 4/15/1982
Binding: Paperback
Pages: 176
Size: 5.75" wide x 8.50" long x 0.50" tall
Weight: 0.418
Language: English

This book displays the underlying structure of a complex body of law and integrates that structure with moral principles. Charles Fried grounds the basic legal institution of contract in the morality of promise, under which individuals incur obligations freely by invoking each other's trust. Contract law and the promise principle are contrasted to the socially imposed obligations of compensation, restitution, and sharing, which determine the other basic institutions of private law, and which come into control where the parties have not succeeded in invoking the promise principle--as in the case of mistake or impossibility. Professor Fried illustrates his argument with a wide range of concrete examples; and opposing views of contract law are discussed in detail, particularly in connection with the doctrines of good faith, duress, and unconscionability. For law students and legal scholars, Contract as Promise offers a coherent survey of an important legal concept. For philosophers and social scientists, the book is a unique demonstration of the practical and detailed entailments of moral theory.

Charles Fried is Beneficial Professor of Law, Harvard University.

Prologue
Words and Acts Tools and Paradigms Keywords
Utility
The Puzzling Failure of Jeremy Bentham
Antimetaphysics Influence Quicksands of Expediency
The Frame of Political Argument
Natural Rights
Declarations A State of Nature Delimiting
Rights Certain Political Rituals Revival
The People
Mechanics and Majorities Popular Sovereignty Revolutionary Assemblies
The Identity of the People
Government
The Rhetoric of Counterrevolution
A Christian Party In Politics Property Reconsidered
Human Rights and Sacred Obligations
The People Deposed
The State
Professional Political Science Constitutional Law
The Grammar of a Profession Webs of Contradiction
The Uses of an Abstraction
Interests
Highbrow and Lowbrow
The Common Good Utilitarianism Redivivus Empirical Political Science
The Disappearing Public
The Rhetoric of Realism
Epilogue
The Conflations of Freedom Rights without Retrospection Public Talk
Notes
Guide To Further Reading
Index

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