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 by way of philosophical conception and vice versa. opposed to the present philosophical view of agreements, the publication argues that they're to be understood in phrases no longer of offers yet of provide and attractiveness. themes coated comprise the duties linked to agreements; the sensible reasoning that leads events to make and practice agreements; the relation among contract and purpose; and the explanations the country has to interfere in agreements. There also are separate chapters dedicated to doctrines of contract within the legislation of agreement, pageant and conspiracy.

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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. ) If that or some other argument works, no persuasive reason has yet been given for rejecting the concept of weak – or strong – compliance.

Lewy (1950), 195; Lewy (1958); Nelson (1930); J. Pollock (1966); Smiley (1959); Strawson (1948); von Wright (1957). Edgington (1991) denies that indicative conditionals have truth values. On the question whether counterfactual conditionals have determinate truth values, see D. ; M. Zimmerman (1996), 60 (which considers the implications for attributions of obligation). On conditional obligations, see n. 33 above; on paradoxes of conditional obligation, see M. Zimmerman (1996), 122 ff. and works cited there.

One is the relation between agreements and concerted practices. 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.

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