Download Agreements: A Philosophical and Legal Study by Oliver Black PDF

By Oliver Black

Combining rigorous philosophical research with a deep wisdom of legislation, this examine of agreements illuminates felony doctrine via philosophical concept and vice versa. opposed to the existing philosophical view of agreements, the e-book argues that they're to be understood in phrases now not of offers yet of provide and reputation. issues lined comprise the tasks linked to agreements; the sensible reasoning that leads events to make and practice agreements; the relation among contract and goal; and the explanations the kingdom has to interfere in agreements. There also are separate chapters dedicated to doctrines of contract within the legislation of agreement, festival and conspiracy.

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Extra resources for Agreements: A Philosophical and Legal Study

Example text

I propose a ‘joint action model’ according to which most or at least many concerted practices involve communication; the model is developed by means of a Gricean analysis of degrees of communication. I argue that this account is better than a thinner one which maintains that the reason for engaging in a concerted practice is to reduce uncertainty. The next section shows how the authorities use the concept of a ‘single overall agreement’ to deal with complex cartels, and how that approach is accommodated by the offer–acceptance model of agreement.

A more elaborate complication of the conditionals is proposed by Prichard (2002c) in an account of exchange. 23 Mixed promises It appears, then, that neither unconditional promises nor conditional promises are sufficient for agreement. 53 An analysis along those lines is: (9) (2) if: (a) X promises to Y that, if Y promises to X that Y does Ay, then X does Ax (call this promise Px); (b) Y promises to X that Y does Ay (call this promise Py);54 (c) Y’s reason for giving Py is that X gives Px; and (d) X has the justified belief that (b), (2) being the proposition that X and Y agree that (1) .

In that case the earlier conclusion stands: the objection from (5)–(8) succeeds for weak but fails for strong compliance. Given the other objections, (4) should in any event be rejected. 51 Since on that analysis if, if P then Q, then P> if and only if P>, the content of X’s promise is equivalent to ‘X does Ax’ and that of Y’s to ‘Y does Ay’, and hence the content of each party’s promise is equivalent to that of his promise in (3). Objections to (3) extend to the revision of (4); there is no need to develop the point, but it is worth noting that it does not depend on the implausible claim that promising is closed under biconditionality.

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