The dignity of commerce : markets and the moral foundations of contract law /
"Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But...
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| Main Author: | |
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| Format: | Book |
| Language: | English |
| Published: |
Chicago ; London :
The University of Chicago Press,
2016
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| LEADER | 00000cam a2200000 i 4500 | ||
|---|---|---|---|
| 001 | 944087575 | ||
| 003 | OCoLC | ||
| 005 | 20170410000000.0 | ||
| 008 | 160412s2016 ilu b 001 0 eng c | ||
| 010 | |a 2016017327 | ||
| 020 | |a 9780226415529 (cloth : alk. paper) | ||
| 020 | |a 022641552X (cloth : alk. paper) | ||
| 024 | |a 12875012 | ||
| 035 | |a (SKY)280783799 | ||
| 040 | |a ICU/DLC |b eng |c ICU |e rda |d DLC |d SKYRV | ||
| 042 | |a pcc | ||
| 049 | |a VLA | ||
| 050 | 0 | 0 | |a K840 |b .O46 2016 |
| 100 | 1 | |a Oman, Nathan, | |
| 245 | 1 | 4 | |a The dignity of commerce : |b markets and the moral foundations of contract law / |c Nathan B. Oman |
| 260 | |a Chicago ; |a London : |b The University of Chicago Press, |c 2016 | ||
| 300 | |a xi, 299 pages ; |c 24 cm | ||
| 504 | |a Includes bibliographical references (pages 263-286) and index | ||
| 505 | 0 | |a Well-functioning markets and contract law -- The moral consequences of well-functioning markets -- Contract law, efficiency, and morality -- Consideration -- Remedies -- Boilerplate -- Pernicious markets and the limits of contract law | |
| 520 | |a "Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks a broader understanding of the moral possibilities of the market. Just as Shakespeare's Shylock can stand on his contract with Antonio not because Antonio is bound by honor but because the enforcement of contracts is seen as important to maintaining a kind of social arrangement, today's contracts serve a fundamental role in the functioning of society. With The Dignity of Commerce, Nathan B. Oman argues persuasively that well functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another's point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction"--Publisher's website | ||
| 650 | 0 | |a Contracts |x Moral and ethical aspects | |
| 650 | 0 | |a Commerce |x Moral and ethical aspects | |
| 650 | 0 | |a Law (Philosophical concept) | |
| 907 | |a .b2297462 | ||
| 998 | |a lower | ||
| 999 | |c 123518 | ||
| 852 | |a Law Library |b Lower Level |h K840 .O46 2016 |p 33940004397822 | ||