The Original Contract
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Author | : David Hume |
Publisher | : Library of Alexandria |
Total Pages | : 29 |
Release | : 2020-09-28 |
Genre | : Philosophy |
ISBN | : 1465501428 |
As no party, in the present age, can well support itself without a philosophical or speculative system of principles annexed to its political or practical one, we accordingly find, that each of the factions into which this nation is divided has reared up a fabric of the former kind, in order to protect and cover that scheme of actions which it pursues. The people being commonly very rude builders, especially in this speculative way, and more especially still when actuated by party-zeal, it is natural to imagine that their workmanship must be a little unshapely, and discover evident marks of that violence and hurry in which it was raised. The one party, by tracing up government to the Deity, endeavoured to render it so sacred and inviolate, that it must be little less than sacrilege, however, tyrannical it may become, to touch or invade it in the smallest article. The other party, by founding government altogether on the consent of the people, suppose that there is a kind of original contract, by which the subjects have tacitly reserved the power of resisting their sovereign, whenever they find themselves aggrieved by that authority, with which they have, for certain purposes, voluntarily intrusted him. These are the speculative principles of the two parties, and these, too, are the practical consequences deduced from them.
Author | : David Hume |
Publisher | : Library of Alexandria |
Total Pages | : 8 |
Release | : 2020-09-28 |
Genre | : Fiction |
ISBN | : 1465501436 |
MAN, born in a family, is compelled to maintain society, from necessity, from natural inclination, and from habit. The same creature, in his farther progress, is engaged to establish political society, in order to administer justice; without which there can be no peace among them, nor safety, nor mutual intercourse. We are, therefore, to look upon all the vast apparatus of our government, as having ultimately no other object or purpose but the distribution of justice, or, in other words, the support of the twelve judges. Kings and parliaments, fleets and armies, officers of the court and revenue, ambassadors, ministers, and privy-counsellors, are all subordinate in their end to this part of administration. Even the clergy, as their duty leads them to inculcate morality, may justly be thought, so far as regards this world, to have no other useful object of their institution.
Author | : Thomas Atkins Street |
Publisher | : Beard Books |
Total Pages | : 586 |
Release | : 1999 |
Genre | : Law |
ISBN | : 1893122247 |
Author | : Carole Pateman |
Publisher | : John Wiley & Sons |
Total Pages | : 280 |
Release | : 2018-06-05 |
Genre | : Social Science |
ISBN | : 074568033X |
Carole Pateman is one of the foremost political theorists writing in English today. In this outstanding new work, she presents a major reinterpretation of modern political theory. She shows how standard discussions of social contract theory tell only half the story. The sexual contract which establishes modern patriarchy and the political right of men over women is never mentioned. In a wide-ranging and scholarly discussion, Pateman examines the significance of the political fictions of the original contract and the slave contract. She also offers a sweeping challenge to conventional understandings - of both left and right - of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract and the new surrogacy contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract and the relation between the sexes, she is able to shed new light on the fundamental problems of freedom and subordination. The Sexual Contract will become a classic text in the politics of gender and will be of major interest to students of social and political theory and philosophy, women's studies, sociology and jurisprudence.
Author | : Victor P. Goldberg |
Publisher | : Edward Elgar Publishing |
Total Pages | : 301 |
Release | : 2015-02-27 |
Genre | : Law |
ISBN | : 1783471549 |
Contract law allows parties to set their own rules within constraints. It provides a set of default rules and if the parties do not like them, they can change them. Rethinking Contract Law and Contract Design explores various long-standing contract doc
Author | : James Gordley |
Publisher | : Clarendon Press |
Total Pages | : 272 |
Release | : 1993-02-11 |
Genre | : Law |
ISBN | : 0191029610 |
This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.
Author | : Jean-Jacques Rousseau |
Publisher | : Dartmouth College Press |
Total Pages | : 272 |
Release | : 1992 |
Genre | : Literary Collections |
ISBN | : |
Rousseau attacks the social and political effects of the dominant forms of scientific knowledge. Contains the entire First Discourse, contemporary attacks on it, Rousseau's replies to his critics, and his summary of the debate in his preface to Narcissus. A number of these texts have never before been available in English. The First Discourse and Polemics demonstrate the continued relevance of Rousseau's thought. Whereas his critics argue for correction of the excesses and corruptions of knowledge and the sciences as sufficient, Rousseau attacks the social and political effects of the dominant forms of scientific knowledge.
Author | : JEAN-JACQUES. ROUSSEAU |
Publisher | : |
Total Pages | : 0 |
Release | : 2025 |
Genre | : |
ISBN | : 9781398840331 |
Author | : Charles Fried |
Publisher | : Oxford University Press, USA |
Total Pages | : 220 |
Release | : 2015 |
Genre | : Business & Economics |
ISBN | : 0190240164 |
'Contract as Promise' is a study of the foundations and structure of contract law. It has both theoretical and pedagogic purposes. It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface. It also includes a lengthy postscript that takes account of scholarly and practical developments in the field over the last thirty years, especially the large and rich law and economics literature.
Author | : Gregory Klass |
Publisher | : OUP Oxford |
Total Pages | : 417 |
Release | : 2014-12-18 |
Genre | : Law |
ISBN | : 019102208X |
In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.