BiblioVault - Books about Contract

Contract as Promise

Charles Fried

Harvard University Press, 1981

This book displays the underlying structure of a complex body of law and integrates that structure with moral principles.

Charles Fried grounds the basic legal institution of contract in the morality of promise, under which individuals incur obligations freely by invoking each other's trust. Contract law and the promise principle are contrasted to the socially imposed obligations of compensation, restitution, and sharing, which determine the other basic institutions of private law, and which come into control where the parties have not succeeded in invoking the promise principle--as in the case of mistake or impossibility. Professor Fried illustrates his argument with a wide range of concrete examples; and opposing views of contract law are discussed in detail, particularly in connection with the doctrines of good faith, duress, and unconscionability.

For law students and legal scholars, Contract asPromise offers a coherent survey of an important legal concept. For philosophers and social scientists, the book is a unique demonstration of the practical and detailed entailments of moral theory.

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Contract With The Skin

Masochism, Performance Art, and the 1970s

Kathy O'Dell

University of Minnesota Press, 1998

Places masochistic performance within a social and historical context.

Having yourself shot. Putting out fires with your bare hands and feet. Biting your own body and photographing the marks. Sewing your own mouth shut. These seemingly aberrant acts were committed by performance artists during the 1970s. Why would anyone do these things? What do these kinds of masochistic performances tell us about the social and historical context in which they occurred? Fascinating and accessibly written, Contract with the Skin addresses such questions through a reconsideration of these acts in relation to psychoanalytic and legal concepts of masochism.

O’Dell argues that the growth of masochistic performance during the 1970s must be seen in the context of society’s response to the Vietnam War and contemporaneous changes in theories of contract. She contends that the dynamic that exists between audience and performer during these masochistic acts relates to tensions resulting from ruptures in the social contract. Indeed, as the war in Vietnam waned, so did masochistic performance, only to reemerge in the 1980s in relation to the “war on AIDS” and the censorious “culture wars.”Focusing on 1970s performance artists Vito Acconci, Chris Burden, Gina Pane, and collaborators Marina Abramovi´c/Ulay as well as those with similar sensibilities from the late 1980s onward (Bob Flanagan, David Wojnarowicz, Simon Leung, Catherine Opie, Ron Athey, Lutz Bacher, and Robby Garfinkel), O’Dell provides photographic documentation of performances and quotations from interviews with many of the artists. Throughout, O’Dell asks what we can do about the institutionalized forms of masochism for which these performances are metaphors. Contract with the Skin is a provocative guide to this little-studied area, and offers new ways of thinking about performance art and artistic production.

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From Contract to Covenant

Beyond the Law and Economics of the Family

Margaret F. Brinig

Harvard University Press, 2000

This book is the first systematic account of the law and economics of the family. It explores the implications of economics for family law—divorce, adoption, breach of promise, surrogacy, prenuptial agreements, custody arrangements—and its limitations.

Before a family forms, prospective partners engage in a kind of market activity that involves searching and bargaining, for which the economic analysis of contract law provides useful insights. Once a couple marries, the individuals become a family and their decisions have important consequences for other parties, especially children. As a result, the state and community have vital interests in the family.

Although it may be rational to breach a contract, pay damages, and recontract when a better deal comes along, this practice, if applied to family relationships, would make family life impossible—as would the regular toting up of balances between the partners. So the book introduces the idea of covenant to consider the role of love, trust, and fidelity, concepts about which economic analysis and contract law have little to offer, but feminist thought has a great deal to add. Although families do break up, children of divorce are still bound to their parents and to each other in powerful ways.

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A Probable State

The Novel, the Contract, and the Jews

Irene Tucker

University of Chicago Press, 2000

Why has the realist novel been persistently understood as promoting liberalism? Can this tendency be reconciled with an equally familiar tendency to see the novel as a national form? In A Probable State, Irene Tucker builds a revisionary argument about liberalism and the realist novel by shifting the focus from the rise of both in the eighteenth century to their breakdown at the end of the nineteenth. Through a series of intricate and absorbing readings, Tucker relates the decline of realism and the eroding logic of liberalism to the question of Jewish characters and writers and to shifting ideas of community and nation.

Whereas previous critics have explored the relationship between liberalism and the novel by studying the novel's liberal characters, Tucker argues that the liberal subject is represented not merely within the novel, but in the experience of the novel's form as well. With special attention to George Eliot, Henry James, Oliver Wendell Holmes, and S. Y. Abramovitch, Tucker shows how we can understand liberalism and the novel as modes of recognizing and negotiating with history.

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Taking the Initiative

Leadership Agendas in Congress and the "Contract With America"

John B. Bader

Georgetown University Press, 1996

Taking the Initiative shows that majority party leaders in Congress have set and successfully pushed their own policy agendas for decades—revealing the 'Contract With America' as only the most recent, and certainly not the most successful, example of independent policy making.

Cutting deeply into the politics and personalities of three decades of party leadership, John B. Bader probes the strategies and evaluates the effectiveness of House and Senate leaders operating in a divided government, when Congress and the presidency are controlled by different political parties. He provides a historical context for analyzing the"Contract" and shows that aggressive agenda-setting has long been a regular feature of majority party leadership.

Bader interviewed more than seventy congressional leaders, staff members, party officials, and political consultants, including speakers Thomas "Tip" O'Neill and Jim Wright, for this book. He supplemented these interviews with research in largely unexplored archival materials such as press conference transcripts, notes from White House leadership meetings, and staff memoranda on strategy.

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