The Dignity Of Commerce Markets And The Moral Foundations Of Contract Law

Author: Nathan B. Oman
Publisher: University Of Chicago Press
ISBN: 022641552X
Size: 18.33 MB
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Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks a broader understanding of the moral possibilities of the market. Just as Shakespeare’s Shylock can stand on his contract with Antonio not because Antonio is bound by honor but because the enforcement of contracts is seen as important to maintaining a kind of social arrangement, today’s contracts serve a fundamental role in the functioning of society.

With The Dignity of Commerce, Nathan B. Oman argues persuasively that well-functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another’s point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction.

The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.
 

The Dignity Of Commerce

Author: Nathan B. Oman
Publisher: University of Chicago Press
ISBN: 022641566X
Size: 65.76 MB
Format: PDF, Mobi
View: 4396
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The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.

Key Ideas In Contract Law

Author: Nicholas McBride
Publisher: Bloomsbury Publishing
ISBN: 150990722X
Size: 62.14 MB
Format: PDF, Mobi
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Morgan, J (2013) Contract Law Minimalism (Cambridge University Press). Oman,
N (2012) 'Markets as a Moral Foundation for Contract Law' 98 Iowa Law Review
183. —— (2016) The Dignity of Commerce: Markets and the Moral Foundations ...

The Choice Theory Of Contracts

Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 1107135982
Size: 21.15 MB
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The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

The Three And A Half Minute Transaction

Author: Mitu Gulati
Publisher: University of Chicago Press
ISBN: 0226924394
Size: 29.80 MB
Format: PDF, ePub
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With the near certainty of massive sovereign debt restructuring in Europe, The Three and a Half Minute Transaction speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains ...

Contract Law And Theory

Author: Eric A. Posner
Publisher: Aspen Publishers
ISBN: 9781454869511
Size: 13.35 MB
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Contract Law and Theory, Second Edition conveys a grasp of theory and policy that makes all of the contract rules easier to understand.

Reinterpreting Property

Author: Margaret Jane Radin
Publisher: University of Chicago Press
ISBN: 9780226702278
Size: 31.88 MB
Format: PDF, ePub
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This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property.

The Wealth Of Networks

Author: Yochai Benkler
Publisher: Yale University Press
ISBN: 9780300125771
Size: 73.58 MB
Format: PDF
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Describes how patterns of information, knowledge, and cultural production are changing.

What Money Can T Buy

Author: Michael J. Sandel
Publisher: Farrar, Straus and Giroux
ISBN: 1429942584
Size: 73.65 MB
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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?

Green Governance

Author: Burns H. Weston
Publisher: Cambridge University Press
ISBN: 1107034361
Size: 33.88 MB
Format: PDF
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Going beyond speculative abstractions, the book proposes a new architecture of environmental law and public policy that is as practical as it is theoretically sound.