Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Agreement (1)
- Assent (1)
- Assure and Threaten (1)
- Behavioral law & economics (1)
- Contract negotiation (1)
-
- Contracts (1)
- David Gauthier (1)
- Drafting (1)
- Empirical analysis (1)
- Expected utility (1)
- Formalism (1)
- Formality (1)
- Formation (1)
- Mailbox rule (1)
- Microeconomic behavior (1)
- Moral norms (1)
- Morals by Agreement (1)
- Performance (1)
- Practical rationality (1)
- Pragmatic deliberative principle (1)
- Pragmatism (1)
- Psychology (1)
- Reciprocity (1)
- Social obligation (1)
- Spectrum of obligation (1)
- Terms that follow (1)
Articles 1 - 3 of 3
Full-Text Articles in Cognition and Perception
The Common Sense Of Contract Formation, Tess Wilkinson-Ryan, David A. Hoffman
The Common Sense Of Contract Formation, Tess Wilkinson-Ryan, David A. Hoffman
All Faculty Scholarship
What parties know and think they know about contract law affects their obligations under the law and their intuitive obligations toward one another. Drawing on a series of new experimental questionnaire studies, this Article makes two contributions.First, it lays out what information and beliefs ordinary individuals have about how to form contracts with one another. We find that the colloquial understanding of contract law is almost entirely focused on formalization rather than actual assent, though the modern doctrine of contract formation takes the opposite stance. The second Part of the Article tries to get at whether this misunderstanding matters. Is …
Pragmatic Rationality And Risk, Claire Oakes Finkelstein
Pragmatic Rationality And Risk, Claire Oakes Finkelstein
All Faculty Scholarship
Pragmatic theories focus on whether agents fare better acting on the basis of a particular intention or plan, rather than whether this can be justified in terms of the expected utility associated with the plan. This article argues that, while attractive, pragmatic theories have difficulty vindicating the rationality of plans involving an element of risk. In “Assure and Threaten,” David Gauthier noticed this difficulty with respect to deterrent threats. This article argues that the same difficulty exists for assurances involving an element of risk. It then explores whether Pragmatists could solve the shortcomings of their approach by adopting the Chance …
Provocation As Partial Justification And Partial Excuse, Mitchell N. Berman
Provocation As Partial Justification And Partial Excuse, Mitchell N. Berman
All Faculty Scholarship
The partial defense of provocation provides that a person who kills in the heat of passion brought on by legally adequate provocation is guilty of manslaughter rather than murder. It traces back to the twelfth century, and exists today, in some form, in almost every U.S. state and other common law jurisdictions. But long history and wide application have not produced agreement on the rationale for the doctrine. To the contrary, the search for a coherent and satisfying rationale remains among the main occupations of criminal law theorists. The dominant scholarly view holds that provocation is best explained and defended …