A Theory of Contract Law

Author: Peter A. Alces
Publisher: Oxford University Press
ISBN: 0199707596
Format: PDF, Kindle
Download Now
In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. These theories have proceeded primarily (indeed, necessarily) from deontological and consequentialist premises. In A Theory of Contract Law: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the leading interpretive theories of contract and demonstrates their doctrinal failures. Professor Alces presents the leading canonical cases that inform the extant theories of Contract law in both their historical and transactional contexts and argues that moral psychology provides a better explanation for the contract doctrine than do alternative comprehensive interpretive approaches.

Comparative Contract Law

Author: Larry A. DiMatteo
Publisher: Oxford University Press
ISBN: 0198728735
Format: PDF, Mobi
Download Now
Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these twojurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioural analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formationand defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved,and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.

The Moral Conflict of Law and Neuroscience

Author: Peter A. Alces
Publisher: University of Chicago Press
ISBN: 022651353X
Format: PDF, Docs
Download Now
Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding? Peter A. Alces considers where and how the law currently fails to appreciate the neuroscientific revelation that humans may in key ways lack normative free will--and therefore moral responsibility. The most accessible setting in which to consider the potential impact of neuroscience is criminal law, as certain aspects of criminal law already reveal the naivet´┐Ż of most normative reasoning, such as the inconsistent treatment of people with equally disadvantageous cognitive deficits, whether congenital or acquired. But tort and contract law also assume a flawed conception of human agency and responsibility. Alces reveals the internal contradictions of extant legal doctrine and concludes by considering what would be involved in constructing novel legal regimes based on emerging neuroscientific insights.

Behavioral Law and Economics

Author: Eyal Zamir
Publisher: Oxford University Press
ISBN: 0190901365
Format: PDF, Mobi
Download Now
In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.

Law Psychology and Morality

Author: Eyal Zamir
Publisher: Oxford University Press, USA
ISBN: 0199972052
Format: PDF, Mobi
Download Now
Prospect theory posits that people do not perceive outcomes as final states of wealth or welfare, but rather as gains or losses in relation to some reference point. People are generally loss averse: the disutility generated by a loss is greater than the utility produced by a commensurate gain. Loss aversion is related to such phenomena as the status quo and omission biases, the endowment effect, and escalation of commitment. The book systematically analyzes the relationships between loss aversion and the law.

The Philosophical Origins of Modern Contract Doctrine

Author: James Gordley
Publisher: Clarendon Press
ISBN: 0191029610
Format: PDF
Download Now
This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.

The Law of Good People

Author: Yuval Feldman
Publisher:
ISBN: 1107137101
Format: PDF, Docs
Download Now
Overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.

Moral Failure

Author: Lisa Tessman
Publisher: Oxford University Press, USA
ISBN: 0199396140
Format: PDF, Docs
Download Now
Moral Failure: On the Impossible Demands of Morality asks what happens when the sense that "I must" collides with the realization that "I can't." Bringing together philosophical and empirical work in moral psychology, Lisa Tessman here examines moral requirements that are non-negotiable and that contravene the principle that "ought implies can." In some cases, it is because two non-negotiable requirements conflict that one of them becomes impossible to satisfy, and yet remains binding. In other cases, performing a particular action may be non-negotiably required -- even if it is impossible -- because not performing the action is unthinkable. After offering both conceptual and empirical explanations of the experience of impossible moral requirements and the ensuing failures to fulfill them, Tessman considers what to make of such experience, and in particular, what role such experience has in the construction of value and of moral authority. According to the constructivist account that the book proposes, some moral requirements can be authoritative even when they are impossible to fulfill. Tessman points out a tendency to not acknowledge the difficulties that impossible moral requirements and unavoidable moral failures create in moral life, and traces this tendency through several different literatures, from scholarship on Holocaust testimony to discussions of ideal and nonideal theory, from theories of supererogation to debates about moral demandingness and to feminist care ethics.

Character and Moral Psychology

Author: Christian B. Miller
Publisher: Oxford University Press
ISBN: 0199674361
Format: PDF, Docs
Download Now
Christian B. Miller explores some of the implications of the Mixed Trait framework that he developed in Moral Character: An Empirical Theory (OUP, 2013)--a theory of moral character according to which people possess both morally positive aspects (hence they are not vices) along with morally negative aspects (hence they are not virtues). In Character and Moral Psychology, he develops his argument further to engage with the other leading positionson the empirical nature of character: situationism, the CAPS model, the Big Five model, and the local trait model. Miller applies the Mixed Trait framework to several important topics in ethics, especially thedevelopment of an error theory about judgments of character and the challenge faced by virtue ethics from the widespread lack of virtue.

Leadership Ethics

Author: Terry L. Price
Publisher: Cambridge University Press
ISBN: 9781139474344
Format: PDF, ePub, Docs
Download Now
Are leaders morally special? Is there something ethically distinctive about the relationship between leaders and followers? Should leaders do whatever it takes to achieve group goals? Leadership Ethics uses moral theory, as well as empirical research in psychology, to evaluate the reasons everyday leaders give to justify breaking the rules. Written for people without a background in philosophy, it introduces readers to the moral theories that are relevant to leadership ethics: relativism, amoralism, egoism, virtue ethics, social contract theory, situation ethics, communitarianism, and cosmopolitan theories such as utilitarianism and transformational leadership. Unlike many introductory texts, the book does more than simply acquaint readers with different approaches to leadership ethics. It defends the Kantian view that everyday leaders are not justified in breaking the moral rules.