Reasonableness and Responsibility A Theory of Contract Law

Author: Martín Hevia
Publisher: Springer Science & Business Media
ISBN: 9400746059
Format: PDF, ePub
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If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.

Das englische Gesch ft mit der Nachtigall

Author: Ingeborg Zechner
Publisher: Böhlau Verlag Wien
ISBN: 3205201434
Format: PDF, ePub, Docs
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Die italienischen Opernbühnen Londons – das King’s Theatre bzw. das Her Majesty’s Theatre und ab 1847 das Royal Italian Opera House Covent Garden – fungierten im 19. Jahrhundert als wichtigster Markt der internationalen Opernwelt. Die tragenden Säulen dieses Systems bildeten internationale Sängerstars, wie Jenny Lind, die durch die hohen Londoner Gagen lukrative Einkünfte erzielten. Das Buch analysiert im Zeitraum von 1806 bis 1867 Aspekte des Sängerwesens der englischen Hauptstadt. und nimmt eine Charakterisierung des Londoner Opernsystems und seiner Protagonisten vor. Faktoren wie der Zusammensetzung des Londoner Opernpublikums, der Gestaltung von Sängerverträgen und der gängigen Adaptions- und Einlagearienpraxis kommt ein besonderes Augenmerk zu.

Contractual Control in the Supply Chain

Author: Louise Vytopil
Publisher:
ISBN: 9789462365919
Format: PDF
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This book investigates the legal measures that multinational companies in the Netherlands, England and California take to govern corporate social responsibility aspects of their supply chains and the legal implications these measures have in terms of contract and liability law.

The Natural Law

Author: Heinrich Albert Rommen
Publisher:
ISBN: 9780865971615
Format: PDF
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Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Beginning with the legacies of Greek and Roman life and thought, Rommen traces the natural law tradition to its displacement by legal positivism and concludes with what the author calls "the reappearance" of natural law thought in more recent times. In seven chapters each Rommen explores "The History of the Idea of Natural Law" and "The Philosophy and Content of the Natural Law." In his introduction, Russell Hittinger places Rommen's work in the context of contemporary debate on the relevance of natural law to philosophical inquiry and constitutional interpretation. Heinrich Rommen (1897–1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University. Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa.

Supervenience and Normativity

Author: Bartosz Brożek
Publisher: Springer
ISBN: 3319610465
Format: PDF, ePub, Mobi
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The present collection represents an attempt to bring together several contributions to the ongoing debate pertaining to supervenience of the normative in law and morals and strives to be the first work that addresses the topic comprehensively. It addresses the controversies surrounding the idea of normative supervenience and the philosophical conceptions they generated, deserve a recapitulation, as well as a new impulse for further development. Recently, there has been renewed interest in the concepts of normativity and supervenience. The research on normativity – a term introduced to the philosophical jargon by Edmund Husserl almost one hundred years ago – gained impetus in the 1990s through the works of such philosophers as Robert Audi, Christine Korsgaard, Robert Brandom, Paul Boghossian or Joseph Raz. The problem of the nature and sources of normativity has been investigated not only in morals and in relation to language, but also in other domains, e.g. in law or in the c ontext of the theories of rationality. Supervenience, understood as a special kind of relation between properties and weaker than entailment, has become analytic philosophers’ favorite formal tool since 1980s. It features in the theories pertaining to mental properties, but also in aesthetics or the law. In recent years, the ‘marriage’ of normativity and supervenience has become an object of many philosophical theories as well as heated debates. It seems that the conceptual apparatus of the supervenience theory makes it possible to state precisely some claims pertaining to normativity, as well as illuminate the problems surrounding it.

Arbitration and Contract Law

Author: Neil Andrews
Publisher: Springer
ISBN: 331927144X
Format: PDF
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This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.​

The Richness of Contract Law

Author: R.A. Hillman
Publisher: Springer Science & Business Media
ISBN: 9401156808
Format: PDF
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Scholars have produced a wide variety of theoretical work on contract law. This is the first book to compile it, to present it coherently, to evaluate it, and to supply numerous references to additional sources. The author also offers his own practical perspective that emphasizes contract law's richness and complexity and questions the utility of abstract unitary theories. The author argues that, notwithstanding contract law's complexity, it successfully facilitates the formation and enforcement of private arrangements and ensures a degree of fairness in the process of exchange. Each chapter presents a pair of largely contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground. Among the contract theories discussed and analyzed are promise, contextual, feminist, formal, mainstream, critical, economic, empirical, and relational. The book should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory.