From Promise to Contract: Towards a Liberal Theory of Contract by Dori Kimel (En

Description: From Promise to Contract by Dori Kimel The book offers a careful philosophical investigation of the similarities and the much-overlooked differences between contract and promise. FORMAT Paperback LANGUAGE English CONDITION Brand New Publisher Description Liberal theory of contract is traditionally associated with the view according to which contract law can be explained simply as a mechanism for the enforcement of promises. The book bucks this trend by offering a theory of contract law based on a careful philosophical investigation of not only the similarities,but also the much-overlooked differences between contract and promise. Drawing on an analysis of a range of issues pertaining to the moral underpinnings of promissory and contractual obligations, the relationships in the context of which they typically feature, and the nature of the legal and moral institutions that support them, the book argues for the abandonment of the over-simplified notion that the law can systematically replicate existing moral or social institutions or simply enforce the rights or the obligations to which they give rise, without altering these institutions in the process and while leaving their intrinsic qualities intact. In its place the book offers an intriguing thesis concerning not only the relationship between contract and promise, but also the distinct functions and values that underlie contract law and explain contractual obligation. In turn, this thesis is shown to have an important bearing on theoretical and practical issues such as the choice of remedy for breach of contract, and broader concerns of political morality such as the appropriate scope of the freedom of contract and the role of the state in shaping and regulating contractual activity. The books arguments on such issues, while rooted in distinctly liberal principles of political morality, often produce very different conclusions to those traditionally associated with liberal theory of contract, thus lending it a new lease of life in the face of its traditional as well as contemporary critiques. Author Biography Dori Kimel is a Fellow of New College Oxford. Table of Contents AcknowledgementsIntroduction1. On the Nature and Value of PromiseFrieds Argument: Convention,Social Practice, TrustTrust as a ConditionWhy Promise?Why Want a Promise?What is Wrong with Breaking a Promise?The Value of PromisePromises between Strangers2. Normativity, Trust and ThreatsI. The Disjunctive ViewII. Normativity and Threats in Personal Relations3. The Nature and Value of Contractual RelationsI. Contracts and the Role of TrustII. Contracts, Promises and Special Relations4. RemediesThe Standard Remedy and the Theory of the PracticeChoosing a Performance Remedy: Why Not Specific Performance?The Harm Principle and Remedies for BreachMitigationThe Freedom to Change Ones Mind5. Freedom of Contract, Freedom from ContractI. Freedom of ContractII. Freedom from ContractBibliographyIndex Review …can one plausibly accept the voluntary view of contracts while rejecting their distinct promissory nature? This is precisely the position that Dori Kimel advocates in his recent, highly original and insightful book. -- Hanoch Sheinman * Oxford Journal of Legal Studies *Kimels excellent book tells us much about the value of our practice of contracting, and how the benefits we receive from such a practice are not always identical to the benefits we receive from our practice of promising. He also helps us to understand how those values square with the values typically associated with perfectionist liberalism, and to that extent he makes great strides towards a liberal theory of contract. -- Curtis Bridgeman * Modern Law Review *... the book gives us a richer sense of what Razs tersely stated views on contract might or might not amount to. In sympathetically examining those views, and in opening up a dialogue around and about them, the author makes a useful contribution. -- N. E. Simmonds * Cambridge Law Journal * Long Description This is the paperback edition of a book first published in 2003, which was received with warmth and critical acclaim by scholars of jurisprudence and contract theory. ... can one plausibly accept the voluntary view of contracts while rejecting their distinct promissory nature? This is precisely the position the Dori Kimel advocates in his recent highly original and insightful book." Hanoch Sheinman Oxford Journal of Legal Studies September 2004 "Kimels excellent book tells us much about the value of our practice of contracting and how the benefits we receive from such a practice are not always identical to the benefits we receive from our practice of promising. He also helps us to understand how those values square with the values typically associated with perfectionist liberalism and to that extent he makes great strides towards a liberal theory of contract." Curtis Bridgeman Modern Law Review June 2004 Review Quote "...can one plausibly accept the voluntary view of contracts while rejecting their distinct promissory nature? This is precisely the position that Dori Kimel advocates in his recent, highly original and insightful book." -- Oxford Journal of Legal Studies "Kimels excellent book tells us much about the value of our practice of contracting, and how the benefits we receive from such a practice are not always identical to the benefits we receive from our practice of promising. He also helps us to understand how those values square with the values typically associated with perfectionist liberalism, and to that extent he makes great strides towards a liberal theory of contract." -- Modern Law Review "... the book gives us a richer sense of what Razs tersely stated views on contract might or might not amount to. In sympathetically examining those views, and in opening up a dialogue around and about them, the author makes a useful contribution." -- Cambridge Law Journal Details ISBN1841134945 Author Dori Kimel Language English ISBN-10 1841134945 ISBN-13 9781841134949 Media Book Format Paperback Year 2005 Imprint Hart Publishing Subtitle Towards a Liberal Theory of Contract Place of Publication Oxford Country of Publication United Kingdom Short Title FROM PROMISE TO CONTRACT REV/E Edition Description Revised Publisher Bloomsbury Publishing PLC Illustrations black & white illustrations DEWEY 346.4102 DOI 10.1604/9781841134949 UK Release Date 2005-04-05 NZ Release Date 2005-04-05 Pages 154 Publication Date 2005-04-05 Audience Tertiary & Higher Education AU Release Date 2005-04-04 We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! 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