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A Theory of Contract Law: Empirical Insights and Moral Psychology


ISBN13: 9780195371604
Published: April 2011
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £98.00



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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 Understandings and Moral Psychology, Professor Peter A. Alces confronts the leading interpretive theories of contract and demonstrates their interpretive 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.