By Oliver Black

Combining rigorous philosophical research with a deep wisdom of legislation, this research of agreements illuminates felony doctrine through philosophical idea and vice versa. opposed to the existing philosophical view of agreements, the publication argues that they're to be understood in phrases no longer of offers yet of supply and recognition. subject matters lined comprise the responsibilities linked to agreements; the sensible reasoning that leads events to make and practice agreements; the relation among contract and purpose; and the explanations the nation has to intrude in agreements. There also are separate chapters dedicated to doctrines of contract within the legislation of agreement, pageant and conspiracy.

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Additional resources for Agreements: A Philosophical and Legal Study

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The response fails for two reasons: the conditional just stated both has a false antecedent in some instances and is consistent with (6). A better response distinguishes kinds of compliance. Here compliance with promises is at issue, but the same distinction applies to compliance with agreements, obligations and so on; given the importance of compliance in an account of agreement and of its relations to other phenomena, the response has an interest beyond that of the present objection. If a simple kind is in question then, if X promises that P, .

On the treatment of impossibility in French contract law, see Nicholas (1992), 116, 205 ff. On the Pandect School’s view of impossibility in contract, see von Mehren (1992), para. 24. 6 below); Hart (1958), 102 (‘[m]orals like law may have principles of “public policy” and render “void” a promise that from the start involved doing something patently immoral’); Hart (1982), 255; Stocker (1970), 618. 30 See McMahon (1989), 241, which discusses promises that would thwart the promisee’s purposes; D.

If the categories in Hohfeld (1985) are extended from the legal to the normative, a normative disability is the opposite of a power and is correlative to an immunity. ) On the objection that such an extension presupposes an obsolete conception of the normative in terms of divine law, see Chap. 3 nn. 20 f. below. 36 Raz (1977), 211 appears to assume that the promisee can release the promisor. 37 ‘The typical and appropriate response to a promise is not “I accept” or “I agree”, but “thank you”’: S.

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