My Account Wish List
Advanced Search
Print - Close Window
www.greenwood.com/catalog/GM0868.aspx
All Greenwood Products
Contract Law and Morality
(Click to Enlarge)
Henry Mather
ISBN: 0-313-30868-3
ISBN-13: 978-0-313-30868-0
200 pages
Praeger Publishers
Publication: 2/28/1999
List Price: $110.95 (UK Sterling Price: £76.95)
Availability: In Stock
Media Type: Hardcover
Trim Size: 6 1/8 x 9 1/4
Subjects:
Description: Combining natural law theory, reliance theory, and economic analysis to develop a jurisprudential approach, this is a prescriptive work presenting a vision of what contract law would be like if it were devoted to teaching moral virtue. The jurisprudential approach draws upon insights of Aristotle, Saint Thomas Aquinas, and other thinkers in the natural law tradition. The author applies this approach to selected legal issues to produce the only contemporary book that uses a natural law approach in prescribing specific reforms in American contract law.

Although this study is theoretical, the author, who practiced law for more than eight years, explains technical terms for non-specialist readers. The book employs a pluralistic moral theory and presents a serious challenge to contemporary jurisprudential theories that focus on some single dominant value. A key idea is that contract law should teach and employ certain moral principles when applied to legal issues related to enforceability, remedies, offer and acceptance, and nondisclosure. With respect to each issue, the author compares his proposed resolution with the prevailing current law.
Table of Contents:
  • Preface
    The Purposes of Promise
    Three Deficient Theories of Justice
    A Natural Law Approach to Contract Law
    Enforceable Promises
    Remedies
    Mutual Assent: Offer and Acceptance
    Policing the Bargaining Process: Nondisclosure
    Why Natural Law
    Index
About the Author: HENRY MATHER is Professor of Law at the University of South Carolina School of Law./e He is the author of numerous articles on legal issues. His current projects include a series of articles dealing with various aspects of natural law jurisprudence.
LCC Class: 346
All rights reserved. Copyright © 1999-2009 ABC-CLIO
130 Cremona Dr., Santa Barbara, CA 93117 805-968-1911