Law Commons^™

Law, Literature, And Contract: An Essay In Realism, Blake D. Morant

Michigan Journal of Race and Law

In this Essay, the Author examines contract doctrine's weaknesses as applied to issues of race and gender. By contrasting the doctrinal silence concerning these issues with facts and circumstances that may have influenced the results in specific cases, the Author challenges classical contract theory's assertion of objectivity and its associated assumption of bargaining equality as an integral component of each contract. The Author then uses literature as an illustrative tool to highlight contract law's failings in contexts where bargaining disparities related to race and gender issues are present. This approach is not meant to eliminate contract rules but rather to …

Non-Conceptual Content And Objectivity, Daniel Hutto

Faculty of Law, Humanities and the Arts - Papers (Archive)

In recent times the question of whether or not there is such a thing as nonconceptual content has been the object of much serious attention. For analytical philosophers, the locus classicus of the view that there is such a phenomena is to be found in Evans remarks about perceptual experience in Varieties of Reference. He famously wrote:

In general, we may regard a perceptual experience as an informational state of the subject: it has a certain content -- the world is represented a certain way -- and hence it permits of a non-derivative classification as true or false. For an …