Contract Law Theory

Author: (Canada) Benson
Publisher:
Publication Date: 2004-09-01
Features: Although the six articles included in this collection analyze issues from vastly different perspectives, their words resonate with a shared belief: it is possible and important to construct a comprehensive and normative theory of contract law. They can be seen as developing interpretations of such a theory. All the articles are meticulously crafted and in press. Following the of the Cambridge Law and Philosophy Library, all authors have enthusiastically elaborated their thoughts and strive to be as detailed as possible. Each article can be regarded as an unwavering effort to explore a new theoretical perspective on contract law from a specific angle. Before introducing the specific content of each article, I will first discuss the intellectual background upon which they are based. The following discussion will necessarily be brief and selective. It can be said that a classic work marked the beginning of 20th-century contract theory writings—it is Lon L. Fuller's 1936 article, "The Reliance Interest in Contract Damages." Even if we say that subsequent theoretical explorations either inherited and fully elaborated the line of arguments proposed in the article or attempted to respond to it from alternative perspectives, that would be only slightly exaggerated. After its publication, it has dominated theoretical discussions in various ways.