Get Agreements: A Philosophical and Legal Study PDF

By Oliver Black

ISBN-10: 0521885604

ISBN-13: 9780521885607

Combining rigorous philosophical research with a deep wisdom of legislations, this learn of agreements illuminates criminal doctrine by way of philosophical thought and vice versa. opposed to the existing philosophical view of agreements, the ebook argues that they're to be understood in phrases now not of supplies yet of provide and attractiveness. subject matters coated comprise the responsibilities linked to agreements; the sensible reasoning that leads events to make and practice agreements; the relation among contract and goal; and the explanations the country has to intrude in agreements. There also are separate chapters dedicated to doctrines of contract within the legislation of agreement, pageant and conspiracy.

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Example text

His response is to dilute Interdependence: Sheinman (2011a), 389 ff. promise-based analyses 35 Assume for simplicity a ‘material implication’ analysis of the conditional: if and only if either not P or Q, and hence if and only if not both P and not Q. The nature of conditionals is a debated issue in the philosophy of logic; this book uses whichever analysis is easiest in the context, with the proviso that it should be a reasonable approximation and not distort the discussion. Later chapters will use the arguably more realistic ‘strict implication’ analysis: if and only if , and hence if and only if it is not possible that both P and not Q.

Once the agreement is made, X’s reasoning to performance may instantiate the schema: (i) I am obligated to f; (ii) other things are equal; so (iii) I will f. Preliminary reasoning to the relevant instance of (i) may use the premiss ‘If I and Y agree that , then I am obligated to do Ax’; this is an indexical variant of the principle discussed in Chapter 3 and, like that principle, is subject to provisos. Given that, as explained in Chapter 3, X’s obligation to do Ax is grounded in a reason for him to do Ax, X may alternatively reason in accordance with a variant of the schema, which replaces (i) with: there is a reason for me to f.

But he weakly complies, for he performs some action and the content of Px2 is true. Weak compliance thus diverges from intuitive compliance. There are two flaws in this defence. First, if Px2’s ‘if’ is given the proposed strong reading, it is not intuitively clear that X fails to comply with Px2; my intuition, at least, is uncertain. Second, it may be retorted that it is the strong, not the material-implication, reading of ‘if’ that is an artifice. That raises the old debate over the relation between conditionality and material implication, which I shall not pursue.

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Agreements: A Philosophical and Legal Study by Oliver Black


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