Dear Colleagues:

 

Congratulations to ODGer Prince Saprai on the publication of Contract Law Without Foundations: Toward a Republican Theory of Contract Law  with OUP. The relevant book information and discount order code is reproduced below:

 

 

 

Contract Law Without Foundations

Toward a Republican Theory of Contract Law

Prince Saprai

The book attempts to break new ground in the philosophy of contract law by upending the orthodox picture of the field. 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 doctrines, and broader political context. The book claims that ‘top-down’ theories of contract law, such as the promise theory, and its bitter rival the economic analysis of law, seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine, by developing from the ‘ground-up’ a radical and distinctly ‘republican’ reinterpretation of the field. The book encourages us to move away from a top-down theory of contract law, such as the promise theory, and toward a distinctly republican or ‘bottom-up’ approach to contract law that would allow us to justify the legal rules and doctrines we find in particular jurisdictions at particular times.

- Proposes a republican theory of contract law by re-interpreting key contractual doctrines relating to contract formation, vitiation, and remedies

- Allows students and practitioners to engage with current philosophical thinking about contract law and how it impacts existing doctrine

- Argues that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values

- Connects contract law theory to current debates about the emergence of transnational contract law

£49.00 when using promotional code ALAUTHC4 at http://global.oup.com for a 30% discount.

 

Happy Reading,

 

Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)