Title
Calculating Promises: The Emergence Of Modern American Contract Doctrine,Used
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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 centuriesold 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.
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- Q: What is the main focus of 'Calculating Promises'? A: The book primarily explores the history of American contract law around the turn of the twentieth century, highlighting the shifts in the understanding of contracts and the influence of cultural negotiations on individual roles in society.
- Q: Who is the author of 'Calculating Promises'? A: The author of 'Calculating Promises' is Roy Kreitner.
- Q: How many pages does 'Calculating Promises' have? A: 'Calculating Promises' has a total of 256 pages.
- Q: What type of binding does this book have? A: 'Calculating Promises' is available in a hardcover binding.
- Q: When was 'Calculating Promises' published? A: 'Calculating Promises' was published on December 8, 2006.
- Q: What edition is 'Calculating Promises'? A: This book is published in its first edition.
- Q: Is 'Calculating Promises' suitable for academic study? A: Yes, 'Calculating Promises' is suitable for academic study, especially for those interested in contract law and its historical context.
- Q: Does 'Calculating Promises' address the enforceability of promises? A: Yes, the book discusses the enforceability of promises, including those made to make gifts and the complexities surrounding incomplete contracts.
- Q: What themes are explored in 'Calculating Promises'? A: The book explores themes such as the relationship of contracts to speculation and gambling, and how cultural shifts have influenced contract doctrine.
- Q: Is this book appropriate for general readers or only legal professionals? A: 'Calculating Promises' can be appreciated by both general readers interested in history and culture, as well as legal professionals studying contract law.