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Download From Promise to Contract: Towards a Liberal Theory of by Dori Kimel PDF

By Dori Kimel

It really is standard for theories of agreement legislations to both study their subject material as a mechanism for the enforcement of can provide, or to disclaim the very inspiration that agreement legislation might be defined as grounded in any distinct set of normative rules or assets of ethical or criminal legal responsibility. Liberal concept of agreement is generally linked to the 1st of those methods. This e-book greenbacks either those developments via supplying a thought of agreement legislation according to a cautious philosophical research of not just the similarities, but in addition the much-overlooked transformations among agreement and promise. via an exam of various concerns referring to the character of promissory and contractual kin and the character of the associations that help them, the publication provides an interesting thesis in regards to the relatives among agreement and promise and, accordingly, in regards to the designated capabilities and values which underlie agreement legislation and clarify contractual legal responsibility. This thesis is proven to supply not just a company theoretical foundation for explaining the normative underpinnings of agreement, but in addition a promising start line for facing sensible concerns similar to the alternative of therapy for breach of agreement, and coverage matters equivalent to the correct scope of the liberty of agreement and the function of the kingdom in shaping and regulating contractual job.

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13 The disjunctive view, we may conclude, holds no obvious intuitive appeal in the context of cases where a threat is added to a command (nor, we may suspect, where it is added to any other type of reason for action that similarly purports to have an exclusionary force). Dan-Cohen’s main concern, however, is with such cases. He tries to establish that the disjunctive view applies to them just as much as it applies to requests. Let us now examine in turn the arguments introduced in support of this thesis.

It might be said here that the promisee trusts that the promise will be kept, but then ‘trusts’ is used in a different sense, very close to simply ‘believes,’ which does not at all pertain to the promisee’s attitude towards the promisor. To insist that the promisee in this last scenario trusts the promisor would be to stretch the term far beyond its ordinary connotation. The last point gives us a broad clue as to the sense in which ‘trust’ usually features in the framework of promising. 36 36 This point will be resumed and some pertinent distinctions will be introduced in chs 2 and 3.

Promising is a unique device with which to realise this potential. To promise is to invoke trust; on the promisee’s part, to take the promise seriously, as intended, is (normally) to give that trust, to show that it exists; and to keep the promise is to justify the promisee’s trust, to prove trustworthy, to show respect. Promises are intrinsically valuable, if you like, as an exercise in the deployment of trust and respect in the framework of the relationship between promisor and promisee. 52 In terms of the significance of trust for the realisation of each of the practice’s two primary functions, there is an important difference between the instrumental and the intrinsic value of promising.

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