عدالت در معاملات: نظریه‌ای دربارهٔ حقوق قراردادها

Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism. "One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years." —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson's analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls's, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls's own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society. This book seeks to provide a moral basis for contract law that can not only make sense of its main doctrines in their own terms but also bring out the distinct conception of justice that actually animates them. The author shows in detail that this conception of justice is purely transactional and non-distributive in character but at the same time that it fits within a larger framework of liberal justice that includes robust principles of distributive justice such as Rawls's. Even though the focus of the work is on the common law of contract, the proposed theory bears on the justification of modern contract law in other legal traditions as well, such as the civil law.-- Informació facilitada per ĺeditor This book seeks to provide a moral basis for contract law that can not only make sense of its main doctrines in their own terms but also bring out the distinct conception of justice that actually animates them. The author shows in detail that this conception of justice is purely transactional and non-distributive in character but at the same time that it fits within a larger framework of liberal justice that includes robust principles of distributive justice such as Rawls's. Even though the focus of the work is on the common law of contract, the proposed theory bears on the justification of modern contract law in other legal traditions as well, such as the civil law.-- Provided by publisher