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Hypothetical Bargains: The Normative Structure Of Contract Interpretation, David Charny
Hypothetical Bargains: The Normative Structure Of Contract Interpretation, David Charny
Michigan Law Review
The argument here amplifies the contract literature with respect to basic contract theory and its doctrinal applications. The argument extends and corrects the current understanding of contract theory in several respects. First, it clarifies the role of liberal and communitarian argument in constructing interpretive conventions for contract. As currently understood among lawyers, the predominant noninstrumental theories of contract are in large measure indeterminate as to the question of default rules. Nonetheless, as I shall explain, these theories do have limited implications for the ground rules that govern interpretive conventions. The argument here, then, clarifies the role of noninstrumental theory in …
The Substance Of Equality, Jeremy Waldron
The Substance Of Equality, Jeremy Waldron
Michigan Law Review
A Review of Speaking of Equality: An Analysis of the Rhetorical Force of "Equality" in Moral and Legal Discourse by Peter Westen