By Peter A. Alces
Some time past few a long time, students have provided confident, normative, and so much lately, interpretive theories of agreement legislation. those theories have proceeded basically (indeed, unavoidably) from deontological and consequentialist premises. In A idea of agreement legislations: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the major interpretive theories of agreement and demonstrates their doctrinal disasters. Professor Alces offers the top canonical circumstances that tell the extant theories of agreement legislation in either their historic and transactional contexts and argues that ethical psychology offers a greater cause of the agreement doctrine than do substitute accomplished interpretive approaches.
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Extra resources for A Theory of Contract Law: Empirical Insights and Moral Psychology
We might well get different answers to the following questions: What are the thirty canonical contracts cases? What are all of the contracts cases that have, to some degree, the constituents of canonical status? So, this book makes two claims regarding the scope of canonical status. First, I assert that we can formulate the contours of the law governing consensual relations by reference to no more than thirty cases that are particularly fundamental, venerable, and pervasive. Second, the cases identified in the following chapters are, at the time of this writing, the most canonical.
20 A Theory of Contract Law: Empirical Insights and Moral Psychology striving to write opinions that will have canonical status (or at least get into the casebooks), but most would surely disclaim any such ambition. ) judges would maintain that they only discover14 the law. ”15 The analogy from literature does not work perfectly, but it is not entirely inapt. For instance, “figurative language” or “exuberance of diction” would not seem pertinent, though there is no shortage of what we might deem canonical cases that include flights of fancy; again, think of Cardozo.
But there are some common considerations, and the literary model could be a worthwhile place to start. What we could be looking for are the cases without which contract would not be contract, as we know it. Or, that might be too demanding a standard. It may be that canonical status could be conferred on any case that does, in fact, figure into our 1 Whether explanations of the canon need line up with the explanations of legal actors to preserve transparency is disputed. See Stephen A. Smith, Contract Theory 132–134 (2004) (objecting that efficiency theories, when compared to actual reasoning of judges, are “inappropriately ‘external’ to contract law”).
A Theory of Contract Law: Empirical Insights and Moral Psychology by Peter A. Alces