Download PDF by Peter A. Alces: A Theory of Contract Law: Empirical Insights and Moral

By Peter A. Alces

Some time past few many years, students have provided confident, normative, and so much lately, interpretive theories of agreement legislation. those theories have proceeded basically (indeed, unavoidably) from deontological and consequentialist premises. In A idea of agreement legislation: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the top interpretive theories of agreement and demonstrates their doctrinal mess ups. Professor Alces offers the top canonical circumstances that tell the extant theories of agreement legislations in either their historic and transactional contexts and argues that ethical psychology presents a greater reason behind the agreement doctrine than do replacement accomplished interpretive approaches.

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There may, though, be more to canonical status than habit. E. Why We Read Succinctly, we read the contracts cases in order to understand the contract law; that is, we expect to find the law in the cases. Our objective may be instrumental: We represent a client whose interests would be served by cases going one way or the other, Alternatively, our object may be more broad: We seek to discern what contract is up to generally, in terms of its scope and purpose. That broader objective assumes a great deal in its premise, namely, that contract has a fixed and discernible scope and purpose.

Insofar as many of these collections are directed toward students (though not solely toward students), the cases considered can have a formative impact. In an important way, the collections beg the question: How does our understanding of contract change because of this case? In other words, how would our understanding be affected had this case not been decided? So, what we read may determine the contours of the canon by pure force, as it were: The fact that a case has worked its way into the collective contracts consciousness may be enough to make it canonical even without evaluating the quality of that claim.

6 Groves v. W. 235 (Minn. ). 7 Hill v. 3d 1147 (7th Cir. ). 8 Klocek v. Gateway, Inc. 104 F. Supp. 2d 1332 (D. Kan. ). Constituents of Canonical Status 17 we might be left with far too many cases for those who like to focus on a more manageable list. There is no reason why there could not be five hundred or even a thousand or more cases in the canon, but an argument of this book is that we can formulate the contours of the consensual undertaking that is the focus of contract with far fewer cases.

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