By Oliver Black
Combining rigorous philosophical research with a deep wisdom of legislation, this learn of agreements illuminates felony doctrine via philosophical conception and vice versa. opposed to the present philosophical view of agreements, the booklet argues that they're to be understood in phrases no longer of can provide yet of supply and recognition. issues lined comprise the duties linked to agreements; the sensible reasoning that leads events to make and practice agreements; the relation among contract and purpose; and the explanations the kingdom has to interfere in agreements. There also are separate chapters dedicated to doctrines of contract within the legislation of agreement, pageant and conspiracy.
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Extra info for Agreements: A Philosophical and Legal Study
Benefits – which may be enjoyed by the parties to the contract or by others, and may or may not be intended by the parties when the contract is made or performed – may be caused by, or in some other way result causally from, the performing or the making of contracts, whereas expressive acts and the performing of obligations are likely to be results of some other kind, perhaps involving a relation of constitution. For each category of good, the argument is the same: (i) the state’s enforcing contracts is a means to G; (ii) G is good; (iii) if (i) and (ii), then the state has a reason to enforce contracts; so (iv) the state has a reason to enforce contracts.
21 Searle (1969), 68 hypothesises that, wherever the illocutionary force of an utterance is not explicit, it can be made explicit. On agreeing without saying so, see Hay (2006), 880. 32 below. For overviews of Grice’s programme, see B. Harrison (1979), chap. 11; Lycan (2000), chap. 7; A. Miller (1998), chap. 7. 23 Searle (1965), 236. The formulation is modified in Searle (1969), 60. 25 A sincere promisor may be in a mental state stronger than mere intention – perhaps resolve. 11 will argue that the sincerity conditions for an agreement are more intricate than the one that Searle proposes for a promise.
9 n. 37 below. 5 Allen (2009), 225; Beatson (1986), 21; Peel (2007), para. 8–078; Simester et al. (2010), 290; Chap. 3 n. 73, Chap. 8 n. 10 and Chap. 9 nn. 2 and 23 below. 6 Ashworth (2009), 453; Fitzpatrick (1993), 1180; Macdonald and Thompson (2003), 99; Marcus (1977), 950 n. , 340; Chap. 8 n. 10 and Chap. 9 n. 35 below. ; Bach (1995); Baier (1985), 199; Binmore (1994), 60; D. Lewis (1969), 34, 35, 84; Prichard (2002c); Radford (1984), 582; Raz (1984), 203; Robins (1984), 105; Sheinman (2011a); S.
Agreements: A Philosophical and Legal Study by Oliver Black