Between Example and Doctrine Contract Law and Common Morality
Bibliographic Data
| ID | 14760692 |
|---|---|
| Authors | M Cathleen Kaveny (corresponding author) |
| Year | 2005 |
| Volume | 33 |
| Issue | 4 |
| Pages | 669-695 |
| Publication date | 2005-12-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Religious Ethics (JOURNAL) |
| Journal identifiers | ISSN: 0384-9694 • E-ISSN: 1467-9795 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1467-9795.2005.00244.x |
| OpenAlex | W2171886844 |
| Language | EN |
| Citations received | 1 |
| References cited | 3 |
In Democracy and Tradition , Jeffrey Stout contends that American constitutional democracy constitutes a well‐functioning moral and political tradition that is not hostile to religion, although it does not depend on any specifically religious claims. I argue that Stout's contention is supported by a consideration of the great common law subject of contracts, as taught to first‐year law students across the United States. First, I demonstrate how contract law can fruitfully be understood as a MacIntyrean tradition. Second, I illustrate the moral richness of this tradition, and the mutually interpreting nature of rules and facts, by close attention to one particularly colorful case, Syester v. Banta . I conclude by suggesting that both religious and secular ethicists might find common law cases in general and contract law cases in particular to be a source of moral reflection that is substantively rich without being religiously divisive
Common law · Constitutional law · Democracy · Doctrine · Epistemology · Law and economics · Morality · Political science · Politics · Sociology · Subject (documents · American Constitutional Law and Politics · Law · Legal principles and applications · Multicultural Socio-Legal Studies · Philosophy
| Citations per year | 0.05 |
|---|---|
| Citation span | 2006 - 2006 (1) |
| Highly cited | No |