By Oliver Black
Combining rigorous philosophical research with a deep wisdom of legislations, this research of agreements illuminates felony doctrine by way of philosophical idea and vice versa. opposed to the existing philosophical view of agreements, the e-book argues that they're to be understood in phrases now not of supplies yet of supply and popularity. issues 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 country 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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Extra info for Agreements: A Philosophical and Legal Study
Edgington (1991) denies that indicative conditionals have truth values. On the question whether counterfactual conditionals have determinate truth values, see D. ; M. Zimmerman (1996), 60 (which considers the implications for attributions of obligation). On conditional obligations, see n. 33 above; on paradoxes of conditional obligation, see M. Zimmerman (1996), 122 ff. and works cited there. 36 promises A third objection adverts to the distinction, drawn in the Introduction, between performance and compliance.
Consequential ones relate to the achievement of goods or to the avoidance of bads. The goods may result from the performing or the making of contracts, or from neither. They may consist of benefits enjoyed, expressive acts, or the performing of obligations. Benefits – which may be enjoyed by the parties to the contract or by others, and may or may not be intended by the parties when the contract is made or performed – may be caused by, or in some other way result causally from, the performing or the making of contracts, whereas expressive acts and the performing of obligations are likely to be results of some other kind, perhaps involving a relation of constitution.
37 below. 5 Allen (2009), 225; Beatson (1986), 21; Peel (2007), para. 8–078; Simester et al. (2010), 290; Chap. 3 n. 73, Chap. 8 n. 10 and Chap. 9 nn. 2 and 23 below. 6 Ashworth (2009), 453; Fitzpatrick (1993), 1180; Macdonald and Thompson (2003), 99; Marcus (1977), 950 n. , 340; Chap. 8 n. 10 and Chap. 9 n. 35 below. ; Bach (1995); Baier (1985), 199; Binmore (1994), 60; D. Lewis (1969), 34, 35, 84; Prichard (2002c); Radford (1984), 582; Raz (1984), 203; Robins (1984), 105; Sheinman (2011a); S.
Agreements: A Philosophical and Legal Study by Oliver Black