|
| |
| | Contract theory - Wikipedia, the free encyclopedia |
 | | Classical contract theory was organised around the will theory of contract, which held that a contract represents an expression of the will of the contracting parties, and for that reason should be respected and enforced by the courts. | | | Classical contract theory is the set of ideas and assumptions that underpinned the development of contract law in England and the United States during the 19th century. | | | Contract theory also utilizes the notion of a complete contract, which is thought of as a contract that specifies the legal consequences of every possible state of the world. |
|
http://www.wikipedia.org/wiki/Contract_theory
(859 words)
|
|
| |
| | Social Contract Theory [Internet Encyclopedia of Philosophy] |
| | Patriarchal control of women is found in at least three paradigmatic contemporary contracts: the marriage contract, the prostitution contract, and the contract for surrogate motherhood. | | | This contract is constituted by two distinguishable contracts. | | | According to the terms of the marriage contract, in most states in the U.S., a husband is accorded the right to sexual access, prohibiting the legal category of marital rape. |
|
http://www.iep.utm.edu/s/soc-cont.htm
(9316 words)
|
|
| |
| | NodeWorks - Encyclopedia: Contract theory |
| | Contract theory also utilizes the notion of a complete contract, which is thought of as a contract that specifies the legal consequences of every possible state of the world. | | | Contract theory is the body of legal thought that investigates normative and conceptual problems in contract law. | | | Thus, performance-based contracts will be employed to create incentives for the agent to act in the principal's interest, such as in the case of managerial compensation. |
|
http://pedia.nodeworks.com/C/CO/CON/Contract_theory
(407 words)
|
|
| |
| | Contract theory |
| | Contract theory also utilizes the notion of complete contract which is thought of as a that specifies the legal consequences of every state of the world. | | | Contract theory is the body of legal thought investigates normative and conceptual problems in contract law. | | | This second view is with Charles Fried who articulated the promise of contract in his book Contract as Promise. |
|
http://www.freeglossary.com/Contract_theory
(398 words)
|
|
| |
| | [No title] |
| | A consent theory of contract is entitlements-based, not promise-based. | | | First, the subject of a contract must be a morally cognizable right possessed by the transferor that is interpersonally transferable, or 'alienable.' Second, the possessor of the alienable right must *1979 manifest his intention to be legally bound to transfer the right--that is, he must consent. | | | Contract theory searches for the 'other factors' that transform an unenforceable promise or statement of intention into a legally enforceable contract. |
|
http://www.bu.edu/rbarnett/squaring.htm
(8455 words)
|
|
| |
| | CATHOLIC ENCYCLOPEDIA: The Social Contract |
| | The solution is a contract by which each one puts in common his person and all his forces under the supreme direction of the "general will". | | | By this contract man passes from the natural to the civil state, from instinct to morality and justice. | | | The institution of the Government, therefore, is not based on a contract between the people and the magistrates; it is a law. |
|
http://www.newadvent.org/cathen/04335a.htm
(2265 words)
|
|
| |
| | SSRN-Contract Theory and the Limits of Contract Law by Alan Schwartz, Robert Scott |
| | Second, the default theory of interpretation in a contract law for firms would require courts to base interpretations primarily on the written texts of agreements. | | | The high level of generality on which much contract law is written (e.g., a party must behave "reasonably") creates unacceptable moral hazard for parties subject to it. | | | A contract law for firms would differ in three major respects from current contract law. |
|
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=397000
(521 words)
|
|
| |
| | Contemporary Approaches to the Social Contract |
| | Similarly, in the case of a social contract in the manner of Hobbes or Rawls, each of the parties has reason to honor h/er responsibilities under the terms of the contract -- e.g. | | | Important issues associated with the social contract include the binding force of hypothetical agreements, the reduction (or not) of ethico-political to instrumental reasoning, and the compatibility of contract reasoning with fairness and liberty. | | | The first contract is one that, as we actually are, each of us makes with the surrogate who is to represent us in second-stage contractual reasoning. |
|
http://plato.stanford.edu/entries/contractarianism-contemporary
(2049 words)
|
|
| |
| | Michigan State University Press Contract Theory Larry A. DiMatteo |
| | The touchstone of Anglo-American contract law is the determination of contractual intent. | | | The importance of the synthesis of the objective and subjective elements of contracts is crucial for a complete understanding of contract law. | | | This work details the judicial fictions and creative interpretations which jurists have used to apply or avoid the objective theory of contract law. |
|
http://msupress.msu.edu/bookTemplate.php?bookID=336
(439 words)
|
|
| |
| | Legal Theory Blog |
| | Legal Theory Blog comments and reports on recent scholarship in jurisprudence, law and philosophy, law and economic theory, and theoretical work in substantive areas, such as constitutional law, cyberlaw, procedure, criminal law, intellectual property, torts, contracts, etc. | | | This installment of the Legal Theory Lexicon is an introduction to utilitarian moral and political philosophy tailored to law students (especially first-year law students) with an interest in legal theory. | | | First, using a game theory model based on asymmetric information, we dispute the common wisdom that the law should honor parties' intentions as articulated at the time of contract formation. |
|
http://lsolum.blogspot.com
(12927 words)
|
|
| |
| | The Expectation and Reliance Interests in Contract Theory: A Reply to Fuller and Perdue |
| | Contemporary contract theories are unequipped to explain the law in its own terms. | | | This Article focuses upon Fuller and Perdue's theoretically crucial claim that the legal analysis of contract damages is intrinsically unsatisfactory and that it must be abandoned as a consequence. | | | The theoretical importance of their article lies in the fact that they provide an argument which, if correct, shows that this discontinuity between modern contract theory and the traditional legal analysis of contract is necessary. |
|
http://www.bepress.com/ils/iss1/art5
(553 words)
|
|
| |
| | John Locke -- Overview [Internet Encyclopedia of Philosophy] |
| | Labor is the origin and justification of property; contract or consent is the ground of government and fixes its limits. | | | Thus government is instituted by a "social contract"; its powers are limited, and they involve reciprocal obligations; moreover, they can be modified or rescinded by the authority which conferred them. | | | He looked upon the Roman Catholic as dangerous to the public peace because he professed allegiance to a foreign prince; and the atheist was excluded because, on Locke's view, the existence of the state depends upon a contract, and the obligation of the contract, as of all moral law, depends upon the divine will. |
|
http://www.utm.edu/research/iep/l/locke.htm
(7767 words)
|
|
| |
| | Amazon.ca: Books: The theory of contract law: New essays |
| | Although the law of contract is largely settled, there is at present no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. | | | This collection of six full-length and original essays, written by some of the most eminent scholars in the field, explores the general theory of contract law from a variety of theoretical perspectives. | | | I currently am enrolled in a class where were are to form our onw business, and part of that is writting contracts. |
|
http://www.amazon.ca/exec/obidos/ASIN/0521640385
(347 words)
|
|
| |
| | Why Be Moral? Social Contract Theory Versus Kantian-Christian Morality |
| | The social contract theorist argues that it is in my best interest to agree to live in a society that enforces morality. | | | In this essay I shall grant the social contract theory’s assumption that we are rational, self-interested persons. | | | Societies such as the United States, where people regularly obey but often violate the social contract, are relatively stable and provide the best state of affairs for the satisfaction of the clever and powerful straight maximizer. |
|
http://www.acton.org/publicat/m_and_m/2003_spring/clark.html
(6651 words)
|
|
| |
| | Monetary Union A Contract Theory Justification |
| | Such contracts could be monitored and enforced by a European system of central banks and by the Council of Ministers. | | | Sibert argues that the inability to negotiate complete contracts over reform may provide the justification for delegating monetary policy to a common central bank. | | | Monetary union would not be preferable under all circumstances. |
|
http://www.cepr.org/pubs/bulletin/DPS/DP1561.htm
(280 words)
|
|
| |
| | OUP: Contract Theory: Smith |
| | The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well. | | | Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. | | | Postgraduates studying contract law modules or an advanced contract law option. |
|
http://www.oup.co.uk/isbn/0-19-876561-4
(512 words)
|
|
| |
| | Social Contract Theory |
| | one is correspondingly released from certain obligations under the contract. | | | Reply: it's an implicit contract: a tacit agreement | | | To escape the state of nature requires a social contract to have |
|
http://www.wutsamada.com/alma/ethics/rachelsb.htm
(1015 words)
|
|
| |
| | Chapter 11 - Social Contract Theory |
| | 7. How can social contract theory deal with the problem of civil disobedience? | | | Chapter 11 – The Idea of a Social Contract | | | 4. How do social contract theorists define morality? |
|
http://www.uic.edu/classes/phil/phil103tak/Chap11.htm
(223 words)
|
|
| |
| | Amazon.com: Books: Contract Theory |
| | Subsequent sections treat multilateral contracting with private information or hidden actions, covering auction theory, bilateral trade under private information, and the theory of the internal organization of firms; long-term contracts with private information or hidden actions; and incomplete contracts, the theory of ownership and control, and contracting with externalities. | | | Customers interested in Contract Theory may also be interested in | | | The Economics of Contracts: A Primer by Bernard Salanie |
|
http://www.amazon.com/exec/obidos/tg/detail/-/0262025760?v=glance
(1322 words)
|
|
| |
| | Andrew Peyton Thomas on Iraqi Sovereignty on National Review Online |
| | This is so under social-contract theory, which has dominated Western philosophy since the 17th century and which gave intellectual and normative license to the American Revolution and U.S. Constitution. | | | People may then give all or part of this right to the government in exchange for the government's protection of certain rights, such as life, liberty, and property. | | | This philosophy holds that the people are born with an inherent right to govern themselves. |
|
http://www.nationalreview.com/comment/thomas200405200923.asp
(1208 words)
|
|
| |
| | USATODAY.com - Revisiting the ol' contract-year theory |
| | That stat, of course, is the final year of a contract. | | | I am not saying that I necessarily draft directly from a list of "contract year" players. | | | Which players are entering the final year of their contracts? |
|
http://www.usatoday.com/sports/bbw/2002-01-30/2002-01-30-fantasy.htm
(965 words)
|
|
| |
| | Kant's Social Contract Theory |
| | Right (legitimacy) is not based on the terms of an historical contract. | | | THE A PRIORI PRINCIPLES OF A LEGITIMATE GOVERNMENT |
|
http://faculty.washington.edu/wtalbott/phil332/trkant.htm
(301 words)
|
|
| |
| | Amazon.co.uk: Books: Contract Theory |
| | Firms, Contracts and Financial Structure (Clarendon Lectures in Economics S.); Paperback ~ Oliver Hart | | | Subjects > Business, Finance & Law > Law > Jurisdictions Other Than England & EU > Private, Property & Family > Contract | | | The Economics of Contracts: A Primer; Hardcover ~ Bernard Salanie |
|
http://www.amazon.co.uk/exec/obidos/ASIN/0262025760
(300 words)
|
|
| |
| | Karl Llewellyn and the Origins of Contract Theory |
| | Karl Llewellyn and the Origins of Contract Theory | | | Alan Schwartz, "Karl Llewellyn and the Origins of Contract Theory" (April 30, 1996). | | | This essay is predicated on the notion that Llewellyn's theory is best recovered from the articles that originally set it out rather than from later partial references by Llewellyn or from UCC drafts that commonly reflected both the work of the author and what it was politically acceptable to say. |
|
http://repositories.cdlib.org/blewp/art147
(216 words)
|
|
| |
| | SSRN-On Collaboration, Organizations, and Conciliation in the General Theory of Contract by Ethan Leib |
| | Keywords: Contracts, contract theory, Markovits, Schwartz, Scott, corporations, organizations | | | As the essay explains, there are contracts between individuals (Type (1)), between organizations (Type (3)), and between individuals and organizations (Type (2)). | | | Leib, Ethan J., "On Collaboration, Organizations, and Conciliation in the General Theory of Contract". |
|
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=762905
(255 words)
|
|
| |
| | Philosophical Dictionary: Social Contract-Stanton |
| | Social Contract: Essays by Locke, Hume, and Rousseau | | | Belief that political structures and the legitimacy of the state derive from an (explicit or implicit) agreement by individual human beings to surrender (some or all of) their private rights in order to secure the protection and stability of an effective social organization or government. | | | Distinct versions of social contract theory were proposed by Hobbes, Locke, Rousseau, and Rawls. |
|
http://www.philosophypages.com/dy/s7.htm
(1093 words)
|
|
| |
| | Game theory - Wikipedia, the free encyclopedia |
| | Valentin Robu's software tool for simulation of bilateral negotiation (bargaining) | | | This general strategy is a component of the general contractarian view in political philosophy (for examples, see Gauthier 1987 and Kavka 1986). | | | This type of game theory analyzed optimal strategies for groups of individuals, presuming that they can enforce agreements between them about proper strategies. |
|
http://en.wikipedia.org/wiki/Game_theory
(3131 words)
|
|
| |
| | SOCIAL CONTRACT THEORY |
| | is used metaphorically to suggest that a group of self-interested and rational individuals came together and formed a contract which created society. | | | It was this view which sociologist Emile Durkheim argued against in the late nineteenth century with his claim that society must come before the individual since human culture and communication can only arise in society. | | | Each was willing to give up a little bit of freedom to create social rules that would protect their self-interest. |
|
http://www.sociologyindex.com/soccontheoy.htm
(85 words)
|
|
|
