In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. These theories have proceeded primarily (indeed, necessarily) from deontological and consequentialist premises. In A Theory of Contract Law: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the leading interpretive theories of contract and demonstrates their doctrinal failures. Professor Alces presents the leading canonical cases that inform the extant theories of Contract law in both their historical and transactional contexts and argues that moral psychology provides a better explanation for the contract doctrine than do alternative comprehensive interpretive approaches.

A Theory of Contract Law: Empirical Insights and Moral Psychology

Alces, Peter A.

Business

Oxford University Press

The Moral Conflict of Law and Neuroscience

Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding? Peter A. Alces considers where and how the law currently fails to appreciate the neuroscientific revelation that humans may in key ways lack normative free will—and therefore moral responsibility. The most accessible setting in which to consider the potential impact of neuroscience is criminal law, as certain aspects of criminal law already reveal the naiveté of most normative reasoning, such as the inconsistent treatment of people with equally disadvantageous cognitive deficits, whether congenital or acquired. But tort and contract law also assume a flawed conception of human agency and responsibility. Alces reveals the internal contradictions of extant legal doctrine and concludes by considering what would be involved in constructing novel legal regimes based on emerging neuroscientific insights.

University of Chicago Press

Politics & Social Sciences

Philosophy

Trialectic: The Confluence of Law, Neuroscience, and Morality

A thought-provoking examination of how insights from neuroscience challenge deeply held assumptions about morality and law. 
As emerging neuroscientific insights change our understanding of what it means to be human, the law must grapple with monumental questions, both metaphysical and practical. Recent advances pose significant philosophical challenges: how do neuroscientific revelations redefine our conception of morality, and how should the law adjust accordingly? 
Trialectic takes account of those advances, arguing that they will challenge normative theory most profoundly. If all sentient beings are the coincidence of mechanical forces, as science suggests, then it follows that the time has come to reevaluate laws grounded in theories dependent on the immaterial that distinguish the mental and emotional from the physical. Legal expert Peter A. Alces contends that such theories are misguided—so misguided that they undermine law and, ultimately, human thriving. 
Building on the foundation outlined in his previous work, The Moral Conflict of Law and Neuroscience, Alces further investigates the implications for legal doctrine and practice.

The book contains a mix of problems, cases, and expository notes designed to sensitize the student to the conflict among competing policies that drafters to statutes confront. After the introductory chapter, the book begins with holder in due course. Covers bank-customer relations other than issues arising out of forged or altered items. Looks at the bank collection process and related issues. Discusses the "New Payment Systems" and "consumer" transfers governed by the Federal Electronic Funds Transfer Act and credit card law.

Payment Systems Cases Problems and Materials (American Casebook Series)

Benfield, Marion W., Jr.

Rules & Procedures

West Group

Cases and Materials on Bankruptcy (American Casebook Series)

Howard, Margaret

This book was written to fill the gap between the purely problem-driven and the wholly case-law approaches in the available teaching materials for bankruptcy. Material deals with both consumer and business bankruptcies and avoids an unremitting political or theoretical perspective. Coverage includes creditors’ rights and remedies, the first consequences of bankruptcy, unsecured claims in bankruptcy, secured claims in bankruptcy, avoiding powers, executory contracts and unexpired leases, discharge, and reorganization.

Cases and Materials on Bankruptcy (American Casebook Series and Other Coursebooks)

Howard, Katherine L.

See the best price to sell, buy, or rent books by Alces, Peter A.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Alces, Peter A.

See the best price to sell, buy, or rent books by Alces, Peter A.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

A Theory of Contract Law: Empirical Insights and Moral Psychology

The Moral Conflict of Law and Neuroscience

The Moral Conflict of Law and Neuroscience

Trialectic: The Confluence of Law, Neuroscience, and Morality

Trialectic: The Confluence of Law, Neuroscience, and Morality

Payment Systems Cases Problems and Materials (American Casebook Series)

Cases and Materials on Bankruptcy (American Casebook Series)

Cases and Materials on Bankruptcy (American Casebook Series and Other Coursebooks)