Reasonableness and Responsibility: A Theory of Contract Law

  • Martín Hevia

Part of the Law and Philosophy Library book series (LAPS, volume 101)

About this book

Introduction

If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law?
This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.

Keywords

Contract Law Contract Law Theory Contract Law and Distributive Justice Corrective Justice Distributive Justice Distributive Understanding of Contract Law Explaining Contract Doctrine Fairness and Contract Law Theory John Rawls Kant and Contractual Legal Theory Limits on Freedom of Contract Monism in Political Philosophy Nature of Contractual Rights Privity of Contract Rule Rawls's Theory of Justice Reasonableness and Contract Law Theory

Authors and affiliations

  • Martín Hevia
    • 1
  1. 1., School of LawUniversidad Torcuato Di TellaBuenos AiresArgentina

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-007-4605-3
  • Copyright Information Springer Science+Business Media Dordrecht. 2013
  • Publisher Name Springer, Dordrecht
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-94-007-4604-6
  • Online ISBN 978-94-007-4605-3
  • Series Print ISSN 1572-4395
  • About this book