Written by one of the leading contributors to the relational theory of
contract, _Contractual Relations_ authoritatively explains the form of
the existing law of contract by relating it to its economic, legal,
and sociological foundations.
This volume demonstrates that economic exchange and legal contract
rest on a moral relationship by which each party legitimately pursues
its self-interest through recognition of the self-interest of the
author. This essential relationship of mutual recognition is in stark
contrast to the pursuit of solipsistic self-interest that is central
to the classical law of contract. Self-interest of this sort is not
morally defensible, nor does it enhance economic welfare. It is for
these reasons that the classical law is legally incoherent. The
fundamental inadequacies of the classical law's treatment of
agreement, consideration, and remedy have emerged as the doctrines of
the positive law of contract have been progressively developed to give
effect to the relationship of mutual recognition.
The welfarist criticism of the classical law has, however, failed to
develop a workable concept of self-interest, and so is at odds with
what must be retained from the classical law's facilitation of
economic exchange and the market economy. The relational law of
contract restates self-interest in a morally, economically, and
legally attractive manner as the foundation of the social market
economy of liberal socialism.
_Contractual Relations_ is a fundamental critique of the classical law
of contract and the welfarist response to the classical law, and an
important statement of the relational theory of contract. This is a
thoughtful and essential work for academics and research students in
law, economics, and sociology.
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A Contribution to the Critique of the Classical Law of Contract
Produktdetaljer
ISBN
9780192597366
Publisert
2022
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter