Calculating promises : the emergence of modern American contract doctrine

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Calculating promises : the emergence of modern American contract doctrine

Roy Kreitner

Stanford University Press, 2007

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Includes bibliographical references and index

内容説明・目次

内容説明

This book is a history of American contract law around the turn of the twentieth century. It meticulously details shifts in our conception of contract by juxtaposing scholarly accounts of contract with case law, and shows how the cases exhibit conflicts for which scholarship offers just one of many possible answers. Breaking with conventional wisdom, the author argues that our current understanding of contract is not the outgrowth of gradual refinements of a centuries-old idea. Rather, contract as we now know it was shaped by a revolution in private law undertaken toward the end of the nineteenth century, when legal scholars established calculating promisors as the centerpiece of their notion of contract. The author maintains that the revolution in contract thinking is best understood in a frame of reference wider than the rules governing the formation and enforcement of contracts. That frame of reference is a cultural negotiation over the nature of the individual subject and the role of the individual in a society undergoing transformation. Areas of central concern include the enforceability of promises to make gifts; the relationship of contracts to speculation and gambling; and the problem of incomplete contracts.

目次

Contents @toc4:Acknowledgments iii @toc2:Introduction: The Imagined Individual at the Borders of Contract 1 @toc1:Part One Gifts and Promises Revisited @toc2:1. The Revolution in Consideration Doctrine 000 2. The Gift Beyond the Grave: Case Law 000 3. Responding to Revolution: Moving Gifts and Consideration Through the Twentieth Century 000 4. Speculating on Gifts and Promises 000 @toc1:Part Two Speculations of Contract @toc2:5. Distinguished Gambles: The Struggle to Separate Speculation and Insurance from Gambling 000 6. "Contracts" for "Futures": Commercial Speculation and the Gambling Stigma 000 7. Wagering in Lives: The Life Insurance Speculators 000 8. Acquisitive Individuality Versus Communal Efficiency: Conflicting Policies and the Love-Hate Relationship with Risk 000 @toc1:Part Three The Narratives of Incomplete Contracts @toc2:9. Framing Incomplete Contracts 000 10. The Use and Abuse of Historical Narrative: Debates over Incomplete Contracts 000 11. Evaluating the Frame of Incompleteness Discourse 000 Conclusion: Undermining the Metaphysics of Contract 000 @toc4:Index

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