Oregon Law Review : Vol. 88 No. 3, p.703-744 :Virtue and Contract Law
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Date
2009
Authors
Cimino, Chapin F.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon Law School
Abstract
This Article argues that legal scholars, and especially private law
scholars, should be paying more attention to virtue theory. Unlike the
two dominant normative theories, the analytical approach of virtue
theory requires a symbiotic focus on both the means and ends of law.
As will be explained below, neither of the two dominant theories
account fully for both means and ends; instead, each privileges one
over the other. By contrast, because of an inherent interrelationship
between means and ends in virtue theory, this theory may offer a
much more complete understanding of law, including private law,
than the theories of either law and economics or individual rights.
Description
42 p.
Keywords
Contracts, Contract law