Choice, Contract, and Constitutions
Choice, Contract, and Constitutions

Author: James M. Buchanan

Publisher: Collected Works of James M. Bu

Published: 2001

Total Pages: 0

ISBN-13: 9780865972438

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Constitutional political economy is the theme of the papers collected in this volume. This entire area of contemporary economic thought is a legacy of James M Buchanan. In outlining the importance of this volume to the contemporary study of economics and to the work of James M Buchanan, Robert D Tollison states in his foreword, "Buchanan literally founded the field of constitutional political economy... (His) insistence on the importance of rules was an important innovation in economics, and, over the past thirty years or so, the analytical and empirical relevance of Buchanan's constitutional perspective has become apparent." The thirty-five papers represented in this volume are grouped into these major subject categories: foundational issues; the method of constitutional economics; incentives and constitutional choice; constitutional order; market order; distributional issues; fiscal and monetary constitutions; reform. For Buchanan, his work in constitutional political economy is just the first step. He is concerned with inducing economists and other scholars to take the constitutional problem seriously. As they do, says Robert D Tollison, "the face of modern economics will be changed."

Choice, Contract, Consent
Choice, Contract, Consent

Author: Anthony De Jasay

Publisher:

Published: 1991

Total Pages: 144

ISBN-13:

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Choice, Contract, Consent, in restating liberalism, finds its rock-bottom foundations in six first principles that are either self-evident, or readily acceptable to bona fide reason. These simple, relatively undemanding principles dictate the outline of a stable political doctrine. The doctrine is strict, in that it confines the state to mandatory tasks, instead of allowing it discretionary latitude within rules. This is a loose constraint because collective choice can choose its own rules. Political doctrine informs practical politics. In politics, collective choice replace and often overrides individual choice. For this to be legitimate, it does not suffice to respect procedures, such as those demanded by democracy. Collective choice to be morally justified, needs substantive legitimacy too. Choice, Contract, Consent develops the conditions that substantive legitimacy must meet and delineates the restricted class of cases where a liberal government may pre empt the voluntary choices of its citizens.

The Choice Theory of Contracts
The Choice Theory of Contracts

Author: Hanoch Dagan

Publisher: Cambridge University Press

Published: 2017-04-17

Total Pages: 195

ISBN-13: 1107135982

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The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

The One-Day Contract
The One-Day Contract

Author: Rick Pitino

Publisher: St. Martin's Press

Published: 2013-10-01

Total Pages: 271

ISBN-13: 1466837217

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A life-changing guide to achieving your goals, by the 2013 NCAA champion college basketball coach and #1 New York Times bestselling author. Rick Pitino is famous as one of the most dynamic and successful basketball coaches of our time, leading the University of Louisville Cardinals to the NCAA basketball championship in 2013, and is renowned for writing the #1 New York Times bestselling success and leadership book, Success is a Choice. In his new book, The One-Day Contract, Pitino details his key to success, on the court and in life: to focus on making the most of each day, by creating a contract with yourself. Coach Pitino was able to turn Louisville into NCAA champions by applying this idea to everything he and the team did-every practice, every recruiting visit, every game preparation, every scouting report, every instruction that he gave players and coaches, and everything he did himself. Each day became just as important as reaching the national championship, and so, by honoring the one-day contract, he and Louisville moved through adversity toward their goal. In this inspiring and practical guide, Coach Rick Pitino illustrates how to set your own one-day contract, and follow through to honor it for each day, each goal, and each interaction with another person. Pitino shows how to: - Establish focus as a discipline in everything you do: planning, strategy, priorities, and career advancement. - Discover the true key to success: not ambition, not wealth, not power, but humility. - Use technology wisely-but don't let it replace personal connection with the people you work and live with. - Own up to your problems, tell the truth and they will become part of your past. Lie and they become part of your future. - Make small changes and add value to every minute of your life. The One-Day Contract will reshape the way you approach your job, your goals, and your life.

Force Majeure and Hardship Under General Contract Principles
Force Majeure and Hardship Under General Contract Principles

Author: Christoph Brunner

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 626

ISBN-13: 9041127925

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Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.

The Choice of Law Contract
The Choice of Law Contract

Author: Maria Hook

Publisher: Bloomsbury Publishing

Published: 2016-09-22

Total Pages: 285

ISBN-13: 1509901019

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This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.

Bus Transport
Bus Transport

Author: David A. Hensher

Publisher: Elsevier

Published: 2020-04-17

Total Pages: 526

ISBN-13: 0128201320

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Bus Transport: Demand, Economics, Contracting, and Policy examines in one source the most critical and current research themes of public transport relevant to regulators, planners, operators, researchers and educators. It highlights the wider economic impacts of public transport and compares energy usage across all public transport modes. The book examines the evolving debate on Mobility as a Service (MaaS) and includes discussion of such themes as; public image issues, performance measurement and monitoring, contract procurement and design models, travel choice and demand, and global public transport reform. The book reflects the leading perspectives on the preservation and health of the bus sector, intending to move public transport reform forward.

Justice in Transactions
Justice in Transactions

Author: Peter Benson

Publisher: Belknap Press

Published: 2019-12-17

Total Pages: 625

ISBN-13: 0674237595

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“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.

Seduction by Contract
Seduction by Contract

Author: Oren Bar-Gill

Publisher: Oxford University Press

Published: 2012-08-23

Total Pages: 297

ISBN-13: 019966336X

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Seduction by Contract explains how consumer contracts emerge from market forces and consumer psychology. Consumers' predictable mistakes - they are short-sighted, optimistic, and imperfectly rational - compel sellers to compete by hiding the true costs of products in complex, misleading contracts. Only better law can overcome the market's failure.