Contract Law And Morality, Vol. 90

Combining natural law theory, reliance theory, and economic analysis to develop a jurisprudential approach, this is a prescriptive work presenting a vision of what contract law would be like if it were devoted to teaching moral virtue. The jurisprudential approach draws upon insights of Aristotle, Saint Thomas Aquinas, and other thinkers in the natural law tradition. The author applies this approach to selected legal issues to produce the only contemporary book that uses a natural law approach in prescribing specific reforms in American contract law.

Although this study is theoretical, the author, who practiced law for more than eight years, explains technical terms for non-specialist readers. The book employs a pluralistic moral theory and presents a serious challenge to contemporary jurisprudential theories that focus on some single dominant value. A key idea is that contract law should teach and employ certain moral principles when applied to legal issues related to enforceability, remedies, offer and acceptance, and nondisclosure. With respect to each issue, the author compares his proposed resolution with the prevailing current law.

Combining natural law theory, reliance theory, and economic analysis to develop a jurisprudential approach, this is a prescriptive work presenting a vision of what contract law would be like if it were devoted to teaching moral virtue.

Booknews

Mather (law, U. of South Carolina) proposes a moral approach to contract law based on common sense and certain notions of decency and fair play. Chapter 1 is an introductory analysis of the social practice of promising. Chapter 2 evaluates and rejects three theories of contract justice, i.e. freedom of contract, wealth maximization, and egalitarian distributive justice. Chapter 3, the heart of the book, proposes a natural law approach in which contract law pursues Aristotelian rectificatory justice but also goes beyond it. Annotation c. by Book News, Inc., Portland, Or.

HENRY MATHER is Professor of Law at the University of South Carolina School of Law.