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Contract Law Without Foundations – Toward a Republican Theory of Contract Law | Oxford Scholarship Online
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Contract Law Without Foundations: Toward a Republican Theory of Contract Law

Prince Saprai

Abstract

In recent times, the philosophy of contract law has been dominated by the ‘promise theory’, according to which the morality of promise provides a ‘blueprint’ for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a ‘foundationalist’ theory of an area of law, according to which areas of law reflect or are underlain by particular moral principles or sets of such principles. The book argues that the promise theory is false, by considering contract law from the point of view of its theory, rules, and doctrin ... More

Keywords: promise, contract, republicanism, pluralism, efficiency, interpretivism, transnational law, legitimacy, Fried, Shiffrin

Bibliographic Information

Print publication date: 2019 Print ISBN-13: 9780198779018
Published to Oxford Scholarship Online: April 2019 DOI:10.1093/oso/9780198779018.001.0001

Authors

Affiliations are at time of print publication.

Prince Saprai, author
Associate Professor, University College London