Justice in Transactions

Justice in Transactions
Author: Peter Benson
Publisher: Harvard University Press
Total Pages: 625
Release: 2019-12-03
Genre: Law
ISBN: 0674237595

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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.

Justice in Transactions

Justice in Transactions
Author: Peter Benson
Publisher: Harvard University Press
Total Pages: 625
Release: 2019-12-17
Genre: Law
ISBN: 0674241991

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“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.

Justice in Transactions

Justice in Transactions
Author: Peter Benson
Publisher:
Total Pages: 625
Release: 2019
Genre: LAW
ISBN: 9780674241985

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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.

Commonsense Justice

Commonsense Justice
Author: Norman J. FINKEL
Publisher: Harvard University Press
Total Pages: 401
Release: 2009-06-30
Genre: Law
ISBN: 0674036875

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Norman J. Finkel explores the relationship between the law on the books, as set down in the Constitution and developed in cases and decisions, and what he calls commonsense justice, the ordinary citizen's notions of what is just and fair.

The Economic Structure of Corporate Law

The Economic Structure of Corporate Law
Author: Frank H. Easterbrook
Publisher: Harvard University Press
Total Pages: 386
Release: 1996
Genre: Business & Economics
ISBN: 9780674235397

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This text argues that the rules and practices of corporate law mimic contractual provisions that parties involved in corporate enterprise would reach if they always bargained at zero cost and flawlessly enforced their agreements. It states that corporate l

The Economics of Justice

The Economics of Justice
Author: Richard A. Posner
Publisher: Harvard University Press
Total Pages: 436
Release: 1983-08-16
Genre: Law
ISBN: 9780674235267

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Posner uses economic analysis to probe justice and efficiency, primitive law, privacy, and the constitutional regulation of racial discrimination.

Racism on Trial

Racism on Trial
Author: Ian F. Haney L—pez
Publisher: Harvard University Press
Total Pages: 358
Release: 2009-07-01
Genre: Law
ISBN: 9780674038264

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In 1968, ten thousand students marched in protest over the terrible conditions prevalent in the high schools of East Los Angeles, the largest Mexican community in the United States. Chanting Chicano Power, the young insurgents not only demanded change but heralded a new racial politics. Frustrated with the previous generation's efforts to win equal treatment by portraying themselves as racially white, the Chicano protesters demanded justice as proud members of a brown race. The legacy of this fundamental shift continues to this day. Ian Haney Lopez tells the compelling story of the Chicano movement in Los Angeles by following two criminal trials, including one arising from the student walkouts. He demonstrates how racial prejudice led to police brutality and judicial discrimination that in turn spurred Chicano militancy. He also shows that legal violence helped to convince Chicano activists that they were nonwhite, thereby encouraging their use of racial ideas to redefine their aspirations, culture, and selves. In a groundbreaking advance that further connects legal racism and racial politics, Haney Lopez describes how race functions as common sense, a set of ideas that we take for granted in our daily lives. This racial common sense, Haney Lopez argues, largely explains why racism and racial affiliation persist today. By tracing the fluid position of Mexican Americans on the divide between white and nonwhite, describing the role of legal violence in producing racial identities, and detailing the commonsense nature of race, Haney Lopez offers a much needed, potentially liberating way to rethink race in the United States.

Fairness in Practice

Fairness in Practice
Author: Aaron James
Publisher: OUP USA
Total Pages: 381
Release: 2012-04-13
Genre: Business & Economics
ISBN: 0199846154

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In this book, the author argues that to achieve a fair global economy, there must be compensation of people harmed by their exposure to the global economy, but also equal division of the "gains of trade" across societies.

A Practical Guide to Commercial Real Estate Transactions

A Practical Guide to Commercial Real Estate Transactions
Author: Gregory M. Stein
Publisher: American Bar Association
Total Pages: 624
Release: 2016
Genre: Commercial real estate
ISBN: 9781634254861

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For proven guidance and techniques for handling a commercial real estate deal, this practical guide will help you negotiate and close the deal. The authors cover each step of a real estate transaction in the order in which it generally arises, and offers pertinent advice, practice comments, and sample forms throughout. Because much of the real estate lawyer's practice revolves around transactional documents, the book's chapters emphasize the drafting, negotiation, and revision needed to get a deal closed. Written by a law professor and two real estate practitioners, this book offers a useful combination of text overview and practice pointers. It helps lawyers with less experience navigate through the maze of steps involved in a real estate transaction. At the same time, it serves as a valuable reference for more seasoned attorneys as well as those whose practice is concentrated in other areas of the law. Downloadable forms are available online.

What Money Can't Buy

What Money Can't Buy
Author: Michael J. Sandel
Publisher: Farrar, Straus and Giroux
Total Pages: 256
Release: 2012-04-24
Genre: Philosophy
ISBN: 1429942584

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Should we pay children to read books or to get good grades? Should we allow corporations to pay for the right to pollute the atmosphere? Is it ethical to pay people to test risky new drugs or to donate their organs? What about hiring mercenaries to fight our wars? Auctioning admission to elite universities? Selling citizenship to immigrants willing to pay? In What Money Can't Buy, Michael J. Sandel takes on one of the biggest ethical questions of our time: Is there something wrong with a world in which everything is for sale? If so, how can we prevent market values from reaching into spheres of life where they don't belong? What are the moral limits of markets? In recent decades, market values have crowded out nonmarket norms in almost every aspect of life—medicine, education, government, law, art, sports, even family life and personal relations. Without quite realizing it, Sandel argues, we have drifted from having a market economy to being a market society. Is this where we want to be?In his New York Times bestseller Justice, Sandel showed himself to be a master at illuminating, with clarity and verve, the hard moral questions we confront in our everyday lives. Now, in What Money Can't Buy, he provokes an essential discussion that we, in our market-driven age, need to have: What is the proper role of markets in a democratic society—and how can we protect the moral and civic goods that markets don't honor and that money can't buy?