About this product

Product Identifiers

PublisherCambridge University Press

ISBN-101316501701

ISBN-139781316501702

eBay Product ID (ePID)229093646

Product Key Features

Number of Pages190 Pages

LanguageEnglish

Publication NameChoice Theory of Contracts

SubjectGeneral, Contracts

Publication Year2017

TypeTextbook

AuthorMichael Heller, Hanoch Dagan

Subject AreaLaw, Social Science

FormatTrade Paperback

Dimensions

Item Height0.5 in

Item Weight10.9 Oz

Item Length9 in

Item Width6 in

Additional Product Features

Intended AudienceScholarly & Professional

LCCN2016-044614

TitleLeadingThe

Dewey Edition23

ReviewsAdvance praise: 'For the past four decades contract theorists have debated the relative merits of welfarist and moral theories of contract. In The Choice Theory of Contracts, Dagan and Heller offer an imaginative and original argument that seeks to accommodate these two seemingly irreconcilable normative views. By situating contractual freedom as the foundation of both utilitarian and communitarian contract norms, Dagan and Heller seek a grand accommodation in which the state creates choice preserving defaults. In the process, they provide the uninitiated reader a lively and very accessible review of contemporary contract theories.' Alan Schwartz and Robert E. Scott, Yale Law School and Robert E. Scott, Alfred McCormack Professor, Columbia Law School

IllustratedYes

Dewey Decimal346.02201

Table Of ContentPreface; Acknowledgements; Introduction; Part I. Autonomy as a Contract Value: 1. The challenge of autonomy; 2. Promise theory; 3. Transfer theory; 4. Recovering autonomy; Part II. The Goods of Contract: 5. Utility; 6. Community; Part III. The Choice Theory of Contracts: 7. Contractual freedom; 8. How contract values relate; 9. Contract spheres; 10. Contract types; 11. Market for new types; 12. Choice theory in practice; Conclusion; Notes; Index.

SynopsisThis concise landmark in law and jurisprudence offers the first coherent, liberal account of contract law. The Choice Theory of Contracts answers the field's most pressing questions: what is the 'freedom' in 'freedom of contract'? What core values animate contract law and how do those values interrelate? How must the state act when it shapes contract law? Hanoch Dagan and Michael Heller - two of the world's leading private law theorists - show exactly why and how freedom matters to contract law. They start with the most appealing tenets of modern liberalism and end with their implications for contract law. This readable, engaging book gives contract scholars, teachers, and students a powerful normative vocabulary for understanding canonical cases, refining key doctrines, and solving long-standing puzzles in the law., The Choice Theory of Contracts is an engaging landmark in law and jurisprudence that shows, for the first time, exactly why and how freedom matters to contract. This concise, readable book gives contract scholars, teachers, and students a coherent liberal account that clarifies canonical cases and solves long-standing doctrinal puzzles.

LC Classification NumberK840.D325 2017