Just exchange : a theory of contract / F.H. Buckley.

Format:

Book

Author/Creator:

Buckley, F. H. (Francis H.), 1948-

Series:

Economics of legal relationships ; v. 8.

The economics of legal relationships ; v. 8

Language:

English

Subjects (All):

Contracts.

Physical Description:

xiv, 205 pages : illustrations ; 24 cm.

Place of Publication:

London ; New York : Routledge, 2005.

Summary:

"F. H. Buckley's new book fills a prominent hole in the literature, explaining economic terms and jargon with welcome clarity and examining the moral basis of free contracting, as well as those cases where bargaining rights might reasonably be restricted. Along the way the book examines several philosophical puzzles, such as allegiance requirements, paternalism and fairness constraints. Buckley approaches fundamental issues of contract law from an economic perspective, though the book is far from being overly technical and will appeal equally to economists, philosophers and law students. This is a welcome addition to the literature on law and economics. This title available in eBook format. Click here for more information. Visit our eBookstore at: www.ebookstore.tandf.co.uk.

Contents:

Part I The enforcement of contracts 1

1 The promising game 3

How to create a game 7

Hume on promising 13

The principle of fidelity 17

2 Rival theories of contract law 22

Reliance theories 22

Benefits theories 26

Will theories 27

3 The economic theory of contract law 35

The need for trust 36

Beneficial reliance 38

Credible commitments 41

Substitutes for contract law 43

4 Fidelity to promising 51

Respect, gratitude and consent 51

Natural duties of support 55

Part II The limits of bargaining freedom 61

5 Soft paternalism 63

Minors and incompetents 64

Judgment heuristics 67

Weakness of the will 84

Screening 99

6 Private perfectionism 102

Perfectionism and neutralism 103

Endogenous preferences 108

Internalities 110

Liberal perfectionism and conservative neutralism 111

7 Social perfectionism 116

Moral externalities 116

Common law illegality 119

The harm-to-others principle 121

The disintegration thesis 124

The case for neutralism 131

8 Substantive fairness 136

Game theoretic bargaining solutions 137

Cooperation theories 144

Incentive theories 148

Screening theories 151

Standard form contracts 152

9 Contractarian virtue 157

The cultural contradictions of contract law 158

The Romantic objection 165.

Notes:

Includes bibliographical references (pages [174]-197) and index.

ISBN:

0415700264

0415700272

OCLC:

55488142