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Contract as Promise: A Theory of Contractual Obligation

Oxford University Press USA (2015)

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  1. Sľuby a procedúry (The Promises and Procedures).Vladimir Marko - 2019 - Filozofia 74 (9):735-753.
    The work tends to point out the deficiency of some opinions claiming simplified presentation of the promise as the act that directly rise obligation for the promisor. Promises, either in the moral or legal sphere, are based on communication and so form an order of dependent steps that indicates their procedural nature. These characteristics may differ to a lesser extent, depending on the legal systems, moral norms of the society and its technical level and its needs. In all these cases, (...)
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  • Philosophy of Contract Law.Daniel Markovits & Emad Atiq - 2021 - Stanford Encyclopedia of Philosophy.
    The law of contracts, at least in its orthodox expression, concerns voluntary, or chosen, legal obligations. When Brody accepts Susan’s offer to sell him a canoe for a set price, the parties’ choices alter their legal rights and duties. Their success at changing the legal landscape depends on a background system of rules that specify when and how contractual acts have legal effects, rules that give the offer and acceptance of a bargain-exchange a central role in generating obligations. Contract law (...)
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  • Promises.Allen Habib - 2009 - Stanford Encyclopedia of Philosophy.
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  • Social Ontology.Brian Epstein - 2018 - Stanford Encyclopedia of Philosophy.
    Social ontology is the study of the nature and properties of the social world. It is concerned with analyzing the various entities in the world that arise from social interaction. -/- A prominent topic in social ontology is the analysis of social groups. Do social groups exist at all? If so, what sorts of entities are they, and how are they created? Is a social group distinct from the collection of people who are its members, and if so, how is (...)
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  • Rethinking Freedom of Contract.Jessica Flanigan - 2017 - Philosophical Studies 174 (2):443-463.
    Many liberal egalitarians support laws that prevent people from making exploitative and unconscionable contracts. These contracts may include low-wage labor agreements or payday loans, for example. I argue that liberal egalitarians should rethink their support for laws that limit the freedom to make these illiberal contracts, as long as the contracts are voluntary and do not violate people’s other enforceable rights. Paternalistic considerations cannot justify limits on illiberal contracts because they are not only likely to misfire; they also express condescending (...)
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  • How to Undo (and Redo) Words with Facts: A Semio-enactivist Approach to Law, Space and Experience.Mario Ricca - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-55.
    In this essay both the facts/values and facticity/normativity divides are considered from the perspective of global semiotics and with specific regard to the relationships between legal meaning and spatial scope of law’s experience. Through an examination of the inner and genetic projective significance of categorization, I will analyze the semantic dynamics of the descriptive parts comprising legal sentences in order to show the intermingling of factual and axiological/teleological categorizations in the unfolding of legal experience. Subsequently, I will emphasize the translational (...)
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  • The Social Contract Theory and Corporation Moral Obligation.Husein Inusah & Peter Sena Gawu - 2021 - E-Logos 28 (1):4-16.
  • A Good Friend Will Help You Move a Body: Friendship and the Problem of Moral Disagreement.Daniel Koltonski - 2016 - Philosophical Review 125 (4):473-507.
    On the shared-­ends account of close friendship, proper care for a friend as an agent requires seeing yourself as having important reasons to accommodate and promote the friend’s valuable ends for her own sake. However, that friends share ends doesn't inoculate them against disagreements about how to pursue those ends. This paper defends the claim that, in certain circumstances of reasonable disagreement, proper care for a friend as a practical and moral agent sometimes requires allowing her judgment to decide what (...)
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  • Responding to Trust.Matthew Harding - 2011 - Ratio Juris 24 (1):75-87.
    The essay considers what respect demands and what trust demands when one person trusts another. What respect requires in responding to trust is substantial but limited, ranging from the sharply proscriptive to the mildly prescriptive. What trust requires is, in a sense, unlimited, its content depending on the extent to which the person who trusts, and more importantly the person who is trusted, seek to build a relationship characterised by trust and trustworthiness.
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  • Contract Rights and Remedies, and the Divergence Between Law and Morality.Brian H. Bix - 2008 - Ratio Juris 21 (2):194-211.
    There is an ongoing debate in the philosophical and jurisprudential literature regarding the nature and possibility of Contract theory. On one hand are those who argue (or assume) that there is, or should be, a single, general, universal theory of Contract Law, one applicable to all jurisdictions and all times. On the other hand are those who assert that Contract theory should be localized to particular times and places, perhaps even with different theories for different types of agreements. This article (...)
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  • Brand as Promise.Vikram R. Bhargava & Suneal Bedi - forthcoming - Journal of Business Ethics:1-18.
    Brands are widely regarded as a constellation of shared associations surrounding a company and its offerings. On the traditional view of brands, these associations are regarded as perceptions and attitudes in consumers’ minds in relation to a company. We argue that this traditional framing of brands faces an explanatory problem: the inability to satisfactorily explain why certain branding activism initiatives elicit the moralized reactive attitudes that are paradigmatic responses to wrongdoing. In this paper, we argue for a reframing of brands (...)
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  • Risk and Asymmetry in Development Ethics.Julian Jonker - 2020 - African Journal of Business Ethics 14 (1):23-41.
    Risk is implicit in economic development. When does a course of economic development ethically balance risk and likely benefit? This paper examines the view of risk we find in Amartya Sen’s work on development. It shows that Sen’s capabilities approach leads to a more sensitive understanding of risk than traditional utility theory. Sen’s approach also supplies the basis of an argument for risk aversion in interventions that affect economic development. Sen’s approach describes development as aiming at freedom. The paper shows (...)
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  • Assessing the Remedy: The Case for Contracts in Clinical Trials.Sarah J. L. Edwards - 2011 - American Journal of Bioethics 11 (4):3-12.
    Current orthodoxy in research ethics assumes that subjects of clinical trials reserve rights to withdraw at any time and without giving any reason. This view sees the right to withdraw as a simple extension of the right to refuse to participate all together. In this paper, however, I suggest that subjects should assume some responsibilities for the internal validity of the trial at consent and that these responsibilities should be captured by contract. This would allow the researcher to impose a (...)
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  • A Model of Juridical Acts: Part 1: The World of Law. [REVIEW]Jaap Hage - 2011 - Artificial Intelligence and Law 19 (1):23-48.
    This paper aims at providing an account of juridical acts that forms a suitable starting point for the creation of computational systems that deal with juridical acts. The paper is divided into two parts. Because juridical acts will be analyzed as intentional changes in the world of law, the ‘furniture’ of this world, that consists broadly speaking of entities, facts and rules, plays a central role in the analysis. This first part of the paper deals with this furniture and its (...)
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  • Data Analytics as Predictor of Character or Virtues, and the Risks to Autonomy.Harald Weston - 2016 - International Review of Information Ethics 24.
    Can we measure and predict character with predictive analytics so a business can better assess, ideally objectively, whether to lend money or extend credit to that person, beyond current objective measures of credit scores and standard financial metrics like solvency and debt ratios? We and the analysts probably do not know enough about character to try to measure it, though it might be more useful to measure and predict a person’s temperance and prudence as virtues, or self-control as psychology, or (...)
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  • Ethics of Contract Pricing.Daniel T. Ostas - 1992 - Journal of Business Ethics 11 (2):137 - 145.
    This study explores the legal and ethical issues associated with contract pricing. In particular, it focuses on a set of legal precedents which have addressed the enforceability of allegedly unfair contract prices. Traditionally, the common law has emphasized the consent of the parties. If the parties consented to a given price; it is presumptively fair and enforceable. The cases reviewed in this study, however, seem to draw upon alternative moral conceptions of fairness not normally associated with the common law. The (...)
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  • Private Association and Public Brand: The Dualistic Conception of Political Parties in the Common Law World.Graeme Orr - 2014 - Critical Review of International Social and Political Philosophy 17 (3):332-349.
    This paper examines the legal conception of political parties. It does so by unearthing the history and ontology of the common law relating to political parties in international perspective. The flexibility of the unincorporated association, in which parties are understood through the private law of contract as networks of internal rules or agreements, rather than as legal entities, has proven to be a mask. In the common laws imagination, the ideal party is a ground-up organization animated by its membership. But (...)
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