Abstract
This chapter, in continuing the discussion of contract in law, deals specifically with the relation between social contract—a philosophical concept—and contract in law. The linking terms are trust, obligation, rights, consideration, ethics, values, and the broad notion of equity or justice which spreads over both systems of thought throughout the history of civilizations, particularly western civilizations.
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Notes
See Parker (1979:269—295).
See Grimke (1848/1968:218, 219).
See Ong (1958).
See Philbrick (1938:691—732). Note also that Holmes’s admiration for Proudhon’s “Property is theft” was thoroughly qualified throughout his liberalist career. Yet today legal realism has come to be identified both with anarchism and with radical leftism and is the topic of considerable controversy at present in the Harvard Law School, which is said to be split between the radical realists and the proponents of traditional jurisprudence. See also Holmes’s so-called liberal opinions in Lochner v. New York (1905); Hammer v. Saggenhart (1918): Abrams v. United States (1919); Adkins v. Children’s Hospital (1923); Nixon v. Herndon (1927); Olmstead v. United States (1929).
See Dewey (1931:210–212).
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© 1988 Plenum Press, New York
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Kevelson, R. (1988). The Mapping of Morals onto Law. In: The Law as a System of Signs. Topics in Contemporary Semiotics. Springer, Boston, MA. https://doi.org/10.1007/978-1-4613-0911-6_12
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DOI: https://doi.org/10.1007/978-1-4613-0911-6_12
Publisher Name: Springer, Boston, MA
Print ISBN: 978-1-4612-8241-9
Online ISBN: 978-1-4613-0911-6
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