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Two theories of agreement

Legal Theory 13 (1):1-22 (2007)

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  1. Voluntary Obligations and the Scope of the Law of Contract.J. E. Penner - 1996 - Legal Theory 2 (4):325-357.
    By building upon Raz's analysis of the spectrum of voluntary obligations, the author produces a typology of agreements, and then assesses the extent to which these different kinds of agreements underpin the common law of contract. While recognizing that the law of contract purports to deal with a broad range of voluntarily undertaken obligations, the typology of agreements suggests that the present law is primarily suited to dealing only with bargains. This suggests that there are situations in which agreements should (...)
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  • Moral Reasons.Jonathan Dancy - 1993 - Philosophy 69 (267):114-116.
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  • Supervenience and Mind: Selected Philosophical Essays.Jaegwon Kim - 1993 - British Journal for the Philosophy of Science 47 (4):579-607.
    For three decades the writings of Jaegwon Kim have had a major influence in philosophy of mind and in metaphysics. Sixteen of his philosophical papers, together with several new postscripts, are collected in Kim [1993]. The publication of this collection prompts the present essay. After some preliminary remarks in the opening section, in Section 2 I will briefly describe Kim's philosophical 'big picture' about the relation between the mental and the physical. In Section 3 I will situate Kim's approach on (...)
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  • Agreements, undertakings, and practical reason.Oliver Black - 2004 - Legal Theory 10 (2):77-95.
    This paper argues for two models of agreement which develop the idea that there is an agreement where one party gives a conditional undertaking and the other responds with an unconditional undertaking. The models accommodate plausible justifications for making and complying with agreements.
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  • Reliance and Obligation.Oliver Black - 2004 - Ratio Juris 17 (3):269-284.
    The fact that A has relied on B to do something is often taken to be a relevant factor in judging that B has a moral or legal obligation to do that thing. This paper investigates the relation between reliance and obligation. Specifically, the question is whether reliance and moral obligation are connected by some relation of conditionality. I consider four such relations - necessary condition, sufficient condition, necessary part of a sufficient condition, and independent necessary part of a sufficient (...)
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  • Introduction to Logical Theory.Arthur Smullyan - 1954 - Philosophical Review 63 (1):117.
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