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Contract Law and Morality
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Henry Mather
Book Code: GM0868
ISBN: 0-313-30868-3
ISBN-13: 978-0-313-30868-0
200 pages, figures, tables
Greenwood Press
Publication: 2/28/1999
List Price: $110.95 (UK Sterling Price: £65.00)
Availability: Out of stock
Media Type: Hardcover
Trim Size: 6 1/8 x 9 1/4
Subjects:
Series Title: Contributions in Legal Studies
Series Number: 90
  • Endorsement From James Russell Gordley
    Shannan Cecil Turner Professor of Jurisprudence
    University of California at Berkeley:     The author's contribution to the understanding of modern contract law...is very important....The theory he develops...is a very impressive, highly original, and carefully worked out effort to ground legal doctrine on higher principles....His use of current ideas is refreshingly honest....The author's writing style is beautifully clear.
  • Endorsement From M. Cathleen Kaveny
    Associate Professor
    Notre Dame Law School:     Mather's book advocates a somewhat unusual position in the contemporary discussion of contract law....He claims that a fundamental purpose of contract law is to teach and enforce certain basic moral principles....He is attempting to reinvigorate a sorely needed discussion of the role of contract law in supporting society's moral commitments....Mather has made a significant contribution to the study of contract law....The book is very well organized and written in an exceptionally clear manner.
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
LC Card Number: 98-41418
LCC Class: K840
Dewey Class: 346
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