In ‘The Choice Theory of Contracts’, we advance a claim about the centrality of autonomy to contract. Since publishing Choice Theory, we have engaged dozens of reviews and responses; here, we reply to Robert Stevens, Arthur Ripstein, and Brian Bix. All this rigorous debate confirms for us one core point: contract’s ultimate value must be autonomy, properly understood and refined. Autonomy is the telos of contract and its grounding principle. In Choice Theory, we stressed the proactive facilitation component of autonomy, (...) in particular, the state’s obligation regarding contract types. Here, we highlight two additional, necessary implications of autonomy for contract: regard for future selves and relational justice. These three aspects of autonomy shape the range, limit, and floor, respectively, for the legitimate use of contract. They provide a principled and constrained path for law reform. (shrink)

Unrejectability is the property shared by things no one could reasonably reject. Following the lead of T. M. Scanlon, modern contractualists hold Principle Contractualism: An act is obligatory when conformity to unrejectable principles requires its performance. This article entertains Act Contractualism: An act is obligatory when its performance is unrejectable. The article hypothesizes that Principle Contractualism owes its initial plausibility to the assumption that following it somehow realizes unrejectability, if only indirectly. The article then argues that, whereas following Act Contractualism (...) realizes unrejectability, following Principle Contractualism realizes a convoluted, principle-mediated, non-causal conformity relation between acts and unrejectability. But then the notion that this relation is what matters ultimately in action does not seem to enjoy independent plausibility. After interrogating Scanlon's objection that the challenge to the principle-based nature of contractualism is , I conclude that Act Contractualism is the more fitting contractualist theory of obligation. (shrink)

This article argues that contemporary accounts of justice miss a relational dimension of justice, which focuses on the terms private individuals’ interactions must meet for them to constitute relationships among equal, self-determining persons. The article develops the argument that the justice requirement to respect others as substantively free and equal individuals can sometimes be adequately discharged only if the relevant private persons are held responsible for its realization. It further elaborates the normative framework of relational justice to explain the generic (...) structure, content, and scope of such a requirement. (shrink)

To promise someone to do something is to commit oneself to that person to do that thing, but what does that commitment consist of? Some think a promissory commitment is an obligation to do what’s promised, and that while promising practices facilitate the creation of promissory obligations, they are not essential to them. I favor the broadly Humean view in which, when it comes to promises (and so promissory obligations), practices are of the essence. I propose the Practice Reason Account (...) of promises, according to which a promise is basically to give oneself a self-interested practice reason to do what’s promised. One achieves this feat by invoking self-enforcing independent practice rules thanks to which one’s doing what’s promised preserves one’s promissory trust(worthiness) and promising power. However, nothing in this account supports the Hume-Rawls claim that promise-keeping or promise-breaking is right just when and because it conforms to practice rules that are justified by their good- or right-making properties. (shrink)

This paper explores agenda-setting theory within digital media. It aims to evaluate changes in these paradigms due to digital platforms and their impact on mass communication theories. The discussion includes a historical overview of agenda-setting theory, grounded in foundational works and expanded by contemporary insights on user agency and information dissemination in the digital age. Using qualitative methods, the study incorporates thematic analysis, content analysis, and interviews with media professionals and users to collect comprehensive data. Key findings indicate that the (...) traditional linear flow of information from media to the public has shifted to a multidirectional exchange influenced by user-generated content and social media dynamics. The study emphasizes the need for scholars to adapt traditional media theories to the participatory nature of modern platforms. This research enhances understanding of current media ecosystems and lays the groundwork for future studies on media influence in complex digital environments. (shrink)

This study presents a reconsideration of Levinas's concept of the feminine. This reconsideration is facilitated by a philosophically informed analysis of Levinas's Talmudic readings on that subject.The innovation of this research is in its methodology, which combines the two corpora of Levinas' writings as important components of an integrated system of thought. Two main phenomena are derived here from Levinas' Talmudic readings and raise main principles of his ethics. In the heart of the discussion on Eros we find a statement (...) of the differentiation between feminine and masculine in Levinas's thought, and its implication for gender and for the ethics of otherness. In the center of Levinas's terminology of maternity we uncover his phenomenology of pregnancy, and its ethical implication regarding responsibility to the other. The extreme responsibility committed to the other since there is a immanent conflict between parents and their child. (shrink)

Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates the justification of property, founding it on three pillars: carefully delineated private (...) authority, structural pluralism, and relational justice. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people's opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. The book shows how the three pillars of liberal property account for core features of existing property systems, provide a normative vocabulary for evaluating central doctrines, and offer directions for urgent reforms. (shrink)

Modern contract law accords considerable significance to the basic assumptions on which a contract is made. It thus takes to heart a failure of a belief whose truthfulness is taken for granted by both parties. Where the failure results from the parties’ mistake at the time of formation, “the contract is voidable by the adversely affected party,” if that mistake “has a material effect on the agreed exchange of performances” and unless that party “bears the risk of the mistake.”1 Where, (...) in turn, the failure of such a basic assumption results from the parties’ erroneous beliefs about future states of the world, a party’s duty to render performance may be discharged if they are not responsible for the supervening impracticability or frustration and “unless the language or the circumstances indicate the contrary.”2. (shrink)

The aim of this paper is to familiarize the reader with the concept of psychological energy, and the role it plays in deepening our understanding of psychosocial adaptation to traumatic life events and, more pointedly, the onset of chronic illness and disability. In order to implement this aim, the following steps were undertaken: First, a brief historical review of the nature of energy, force and action, as traditionally conceived in the field of physics, is provided. Second, an overview of PE (...) is presented, with a shared emphasis on both its historical underpinnings and its present conceptualizations in the fields of social, health and rehabilitation psychology. Particular emphasis is placed upon applications of PE in the domains of adaptation to stress, trauma and CID onset. Third, reviewed are measuring instruments that have been traditionally applied to the assessment of the nature, content and magnitude of PE and its dynamics. Finally, new perspectives are offered on the dimensional structure, processes and dynamics, assumed to undergird PE, its underlying conceptual similarities to physical energy, and its potential and deeper link to the process of psychosocial adaptation in the aftermath of experiencing trauma and CID. (shrink)

The Almoravid and Almohad Empires. By Amira K. Bennison. The Edinburgh History of the Islamic Empires. Edinburgh: Edinburgh University Press, 2016. Pp. xiv + 382. $150, £90 ; $49.95, £29.99.

Friends of the Emir: Non-Muslim State Officials in Premodern Islamic Thought. By Luke B. Yarbrough. Cambridge: Cambridge University Press, 2019. Pp. xiv + 361. $120 ; $32.99.

Justice, you might think, is the first virtue of the law. After all, we call our judges justices, the administration of law the administration of justice, and the government's legal department the Justice Department. We should reject this Priority of Justice for the Law in favor of the more moderate Priority of Justice for the Courts, the view that justice is the first virtue of the law courts. Under its comparative conception, justice is distinguishable by its concern with the relative (...) positions of subjects. I claim that legal duties divide into primary and secondary, that primary legal duties are not essentially comparative, and that this impugns the Priority of Comparative Justice for the Law. Still, the bipolar structure of litigation appears to suggest that comparative justice is the first virtue of the courts. I explain why that is not so. I then introduce a desert-based conception of justice I dub requitative justice. I argue that the Priority of Justice for the Law cannot draw succor from this conception of justice because primary legal duties are no more requitative than they are comparative. However, the special affinity between law courts and secondary legal duties suggests that requitative justice is the first virtue of the courts. Finally, I concede that the Priority of Justice for the Courts gives us reason to accept the Priority of Justice for the Law after all, if we accept the common Priority of Courts for the Law, the view that the courts are the first institution of the law. We should not do so, however. (shrink)

Am Ende des Zweiten Weltkriegs wurde Albert Einstein eingeladen, seine intellektuelle Autobiografie für die Library of Living Philosophers zu schreiben. Das Ergebnis war sein einzigartiger Text, Autobiographisches, ein Klassiker der Wissenschaftsgeschichte, der die Entwicklung seiner Ideen mit unvergleichlicher Prägnanz erklärt. Hanoch Gutfreund und Jürgen Renn stellen Einsteins wissenschaftliche Überlegungen dem heutigen Leser vor, zeichnen seine intellektuelle Entwicklung von der Kindheit bis ins hohe Alter nach und bieten ein fesselndes Porträt der Entwicklung eines Wissenschaftlers und Philosophen. Einstein über Einstein enthält, (...) neben den Originaltext, Essays, die Einsteins Überlegungen in den Kontext der verschiedenen Phasen seines wissenschaftlichen Lebens stellen. Gutfreund und Renn stützen sich auf Einsteins Schriften, persönliche Korrespondenz und Kommentare von seinen Zeitgenossen, um neue Perspektiven auf seine größten Entdeckungen zu eröffnen. Ebenfalls enthalten sind Einsteins Antworten auf seine Kritiker, die ein zusätzliches Licht auf seine wissenschaftliche und philosophische Weltanschauung werfen. Gutfreund und Renn zitieren ausführlich aus Einsteins ersten, unveröffentlichten Skizzen seiner Antworten. Der Band umfasst außerdem einen kurzen autobiografischen Text, den Einstein wenige Wochen vor seinem Tod geschrieben hat. Einstein über Einstein ist mit eindrucksvollen Zeichnungen des Künstlers Laurent Taudin sowie mit zeitgenössischen Fotografien illustriert. (shrink)

ABSTRACTThis article develops a theory of just contractual relationships for a liberal society. As a liberal theory, our account is premised on liberalism's canonical commitments to self-determination and substantive equality. As a theory of contract law, it focuses on the parties’ interpersonal interactions rather than on the justice of the social order as a whole.Normatively, the article claims that the rules governing cases where one party experiences harsh circumstances or vulnerability during the bargaining process or operates under significant informational disadvantage (...) must be guided by the commitment to relational justice, that is, to reciprocal respect for self-determination and substantive equality. Jurisprudentially, the article studies the systemic difficulties hindering the translation of these normative prescriptions into legal language and analyzes how they affect the form assumed by the law of precontractual justice and its institutional pedigree. (shrink)

This volume, which comprises sixteen original contributions, is the first collection of philosophical papers on promises and agreements - topics enjoying a renaissance in social, moral, and legal philosophy.

De Maïmonide à Hannah Arendt en passant par Ibn Gabirol, Yehuda Halévi et Rosenzweig, ce recueil d'articles donne un panorama époustouflant de la philosophie juive à travers les âges. Esther Starobinski-Safran nous fait voyager à travers l'hébreu, l'allemand et le français pour nous révéler la richesse et la diversité de cette tradition.

This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.

Volume 10, Issue 3, September 2019, Page 422-433.

In a recent paper, Dylan Evans proposed that emotions could help solve what has been known as ‘the frame problem’. In the process, he first questioned the utility of using the frame problem as a framework. After tackling this issue, he provided an alternative terminology to the frame problem—termed ‘the search hypothesis of emotion’—in order to re-examine how emotions aid rational agents. His new terminology, however, opens itself to other critiques. While accepting the basic tenets of his analysis, I question (...) (i) whether a single search theory of emotion is adequate, and (ii) whether his theory would have been better termed ‘the search hypothesis of feeling’. Finally, I extend some of the ideas developed in Evans' paper. 1. Introduction 2. Emotion, reason and ends 3. The search hypothesis of emotion revisited 4. Conclusion. (shrink)

In 1962, Emmanuel Levinas (1906–1995) was asked about the political implications of his ethics and the possible similarity between his philosophy and the writing of Mohandas K. Gandhi (1869–1948). They both were aware of the considerable tensions between politics and ethics. Both tried to construct ethical politics, and both thought about the ethical aspects of politics. The differences were obvious. Gandhi was an Indian thinker who embraced Hinduism, Christian ethics, Western philosophy, and Leo Tolstoy’s spiritual writings. Levinas was a Western (...) philosopher with a traditional Jewish background, familiar with Russian literature. Gandhi was a social figure and political leader who based his attitude and activism on spirituality. Levinas was a phenomenological philosopher who based his perspective on ethics, underpinning his political philosophy. Nevertheless, this article suggests a philosophical study of Gandhi’s writings compared to Levinas’s teachings. This new perspective explains Gandhi’s philosophy by focusing on the establishment of the subject, the validity of ethics, the search for truth, and the epistemological stance. This study would structure Gandhi’s political position based on spiritual and ethical thinking. This could clarify three main principles of Gandhi’s doctrine: striving for the truth, self-control, and nonviolence. (shrink)

Developments in contract law over the past century have led to the proliferation of interpretive theories according to which contract law is no longer a sui generisi legal branch. It is widely accepted that if there is a sui generis contractual obligation, it must somehow be based on the wills of the parties. But a new orthodoxy in contract theory claims that the role of the will of the parties in contract law has been progressively shrinking due to judicial doctrines (...) within the law of contract and also to general statutory provisions. It is no longer apparent that there is any interesting sense in which contractual liability is based on the will of the parties. Hence, so it is claimed, contract law has lost its sui generis nature. The article challenges this new orthodoxy. But rather than reverting to the old orthodoxy—the will theory of contracts (or its contemporary rendition, contract as promise)—it argues that we should resist being forced to choose between them. The article argues that the purpose of contractual liability is to support the practice of voluntary obligations. This view preserves an important connection between contractual liability and voluntary undertakings and meets the objections that beset the will theory. (shrink)

The formalisation of Natural Language arguments in a formal language close to it in syntax has been a central aim of Moss’s Natural Logic. I examine how the Quantified Argument Calculus (Quarc) can handle the inferences Moss has considered. I show that they can be incorporated in existing versions of Quarc or in straightforward extensions of it, all within sound and complete systems. Moreover, Quarc is closer in some respects to Natural Language than are Moss’s systems – for instance, is (...) does not use negative nouns. The process also sheds light on formal properties and presuppositions of some inferences it formalises. Directions for future work are outlined. (shrink)

This article focuses on cases of restitution within contract, investigating the normative desirability of enabling a promise to pursue the profits derived by the promisor through a breach of contract as an alternative pecuniary remedy of wide applicability. Situated at the frontier of both contractual and restitutionary liability, the question of whether restitutionary damages for breach of contract should be available has received a considerable amount of attention. This article makes a critical examination of the normative groundings that have been (...) proposed for and against awarding this pecuniary remedy. This article arrives at two significant conclusions. The first is deconstructive. Parts I and II critique two conventional arguments often raised in the debate over restitutionary damages. These Parts raise doubts as to the ability of these arguments to substantiate the doctrinal conclusions they purport to support. I claim that both promise-keeping and unjust enrichment are neutral between rules offering restitutionary damages and denying such awards. The significance of the results of this analysis extends beyond the specific questions at hand, since these arguments dominate many of the debates surrounding private law theory. The second conclusion reached is reconstructive. Parts III, IV and V present three normative considerations that are more helpful: protection of proprietary rights, enhancement of efficiency, and good faith. Here an attempt is made to reconceptualize the conventional arguments for the derivation of legal rules from these normative prescriptions. From this reconceptualization, we realize that in order to settle the debate over restitutionary damages for breach of contract, a choice must be made between the instrumental conception of contract and its more cooperative alternative. Thus, it emerges that here, too, just as in the case of many other legal issues, the persistent need to choose between two conflicting social visions cannot be avoided. (shrink)

Volume 13, Issue 4, December 2022, Page 668-688.