The Choice Theory of Contracts
£94.00
- Authors:
- Hanoch Dagan, Tel-Aviv University
- Michael Heller, Columbia Law School
- Date Published: June 2017
- availability: Available
- format: Hardback
- isbn: 9781107135987
£
94.00
Hardback
Other available formats:
Paperback, eBook
Looking for an inspection copy?
This title is not currently available on inspection
-
This concise landmark in law and jurisprudence offers the first coherent, liberal account of contract law. The Choice Theory of Contracts answers the field's most pressing questions: what is the 'freedom' in 'freedom of contract'? What core values animate contract law and how do those values interrelate? How must the state act when it shapes contract law? Hanoch Dagan and Michael Heller - two of the world's leading private law theorists - show exactly why and how freedom matters to contract law. They start with the most appealing tenets of modern liberalism and end with their implications for contract law. This readable, engaging book gives contract scholars, teachers, and students a powerful normative vocabulary for understanding canonical cases, refining key doctrines, and solving long-standing puzzles in the law.
Read more- Introduces 'choice theory', the first general and liberal approach to contract law, appealing to scholars, teachers, and students
- Uses simple, readable text to help readers understand difficult and contested legal and philosophical terrain, and the strengths and limits of the leading private law theories
- Explains contract law as a whole, helping readers to see how contracts in the commercial, family, work, and home spheres relate to and influence each other
Reviews & endorsements
'For the past four decades contract theorists have debated the relative merits of welfarist and moral theories of contract. In The Choice Theory of Contracts, Dagan and Heller offer an imaginative and original argument that seeks to accommodate these two seemingly irreconcilable normative views. By situating contractual freedom as the foundation of both utilitarian and communitarian contract norms, Dagan and Heller seek a grand accommodation in which the state creates choice preserving defaults. In the process, they provide the uninitiated reader a lively and very accessible review of contemporary contract theories.' Alan Schwartz and Robert E. Scott, Yale Law School and Robert E. Scott, Alfred McCormack Professor, Columbia Law School
See more reviews'Dagan and Heller's The Choice Theory of Contracts addresses a central challenge of contract theory: the factual diversity and normative complexity of our law of contracts. The authors show the limits of leading monothetic theories, identify a set of values contract law can and should serve, and propose novel design options lawmakers might use to realize those values. The Choice Theory of Contracts is a major work, and essential reading for anyone who wants to think seriously about contemporary contract law and theory.' Gregory Klass, Georgetown University Law Center, Washington, DC
'The book's argument for a free choice among a range of attractive contract types constitutes a highly innovative shift in contract theory. In doing so, it also makes an important contribution to the field, which is attractive for theorists and lawmakers on either side of the Atlantic.' Martijn Hesselink, University of Amsterdam
'The Choice Theory of Contracts is an elegant and subtle book. Dagan and Heller's organizing idea - that contract law serves self-determination, but in various ways and through a range of distinctive contract types - will give the book a free-standing place in the history of legal thought; their close readings of prior work will intrigue contemporary scholars; and their vivid treatments of concrete contract types will interest and profit students.' Daniel Markovits, Yale University, Connecticut
'The Choice Theory of Contracts achieves what many had assumed was impossible: a theory that defends contract law as a distinctive legal institution yet which takes as its starting point the existence of diverse modes of contracting, diverse reasons for entering contracts, and diverse justifications for legally supporting contracts. The Choice Theory is a landmark in contract scholarship.' Stephen A. Smith, McGill University, Canada
'Dagan and Heller emphasize the interpersonal dimension of freedom in contractual relations. In a world where contract is ever stronger entrenched through public and private regulation, this book comes as an urgently needed reminder to the preservation of freedom of contract as a social-political project.' Hans-Wolfgang Micklitz, European University Institute, Florence
Customer reviews
Not yet reviewed
Be the first to review
Review was not posted due to profanity
×Product details
- Date Published: June 2017
- format: Hardback
- isbn: 9781107135987
- length: 190 pages
- dimensions: 235 x 156 x 17 mm
- weight: 0.41kg
- contains: 2 b/w illus.
- availability: Available
Table of Contents
Preface
Acknowledgements
Introduction
Part I. Autonomy as a Contract Value:
1. The challenge of autonomy
2. Promise theory
3. Transfer theory
4. Recovering autonomy
Part II. The Goods of Contract:
5. Utility
6. Community
Part III. The Choice Theory of Contracts:
7. Contractual freedom
8. How contract values relate
9. Contract spheres
10. Contract types
11. Market for new types
12. Choice theory in practice
Conclusion
Notes
Index.
Sorry, this resource is locked
Please register or sign in to request access. If you are having problems accessing these resources please email [email protected]
Register Sign in» Proceed
You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.
Continue ×Are you sure you want to delete your account?
This cannot be undone.
Thank you for your feedback which will help us improve our service.
If you requested a response, we will make sure to get back to you shortly.
×