The New Social Contract: An Inquiry Into Modern Contractual Relations

Framsida
Yale University Press, 1980 - 164 sidor
"The New Social Contract is new in many ways. It is a concept of contract that is neither the contract of positivist economics or law, nor, on the other hand, either a restoration of the status of Henry Maine or the surrender to torts of Grant Gilmore. So too, the New Social Contract is social in two important senses. It contains its own internal social relations, and it is society's basic socioeconomic tool in both Western and developed socialist states. And finally, the New Social Contract is a contract if the word is defined in terms of the primal roots of contract. This New Social Contract will be treated in three chapters. The first - The Nature of Contract - will describe the roots of contract, its function in projecting exchange into the future, and a model of two polar types of contract: discrete transactions and contractual relations...The second chapter - Intermediate Contract Norms - deals with the normative aspects of contracts; normative in a positivist sense, a contradiction I shall discuss. The third chapter - Relational Contract Law - takes the ideas developed in the first two chapters into a number of modern problem areas." -- from the Introduction, pp. xiii.

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