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The Laws of LoveContracts of Love

The Laws of Love: Contracts of Love [The contemporary meaning of the word contract is somewhat dry and narrow. It tends to refer to a corporate tool, a pre-printed document that lawyers are wont to describe by means of the curious figure of dealings “at arms length.” By this they mean that the parties communicate insouciantly at a distance, without touch, rather than, as the choreographic figure of being at arms length might suggest, at the extremity of the ambit of touching. Close, but just out of reach. The modern contract thus circulates generically and it doesn’t matter between whom the agreement is made, nor indeed whether it is performed. All that matters is that someone will either do as they promised or be made to pay. Happily, however, such an impersonal notion of distant contracts and their abstract obligations, is a relatively recent concept, a mere vestige of an earlier form, a vague shadow of the contract as practiced within the laws of love.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

The Laws of LoveContracts of Love

Part of the Language, Discourse, Society Book Series
The Laws of Love — Sep 30, 2015

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Publisher
Palgrave Macmillan UK
Copyright
© Palgrave Macmillan, a division of Macmillan Publishers Limited 2007
ISBN
978-1-349-28311-8
Pages
65 –82
DOI
10.1057/9780230626539_4
Publisher site
See Chapter on Publisher Site

Abstract

[The contemporary meaning of the word contract is somewhat dry and narrow. It tends to refer to a corporate tool, a pre-printed document that lawyers are wont to describe by means of the curious figure of dealings “at arms length.” By this they mean that the parties communicate insouciantly at a distance, without touch, rather than, as the choreographic figure of being at arms length might suggest, at the extremity of the ambit of touching. Close, but just out of reach. The modern contract thus circulates generically and it doesn’t matter between whom the agreement is made, nor indeed whether it is performed. All that matters is that someone will either do as they promised or be made to pay. Happily, however, such an impersonal notion of distant contracts and their abstract obligations, is a relatively recent concept, a mere vestige of an earlier form, a vague shadow of the contract as practiced within the laws of love.]

Published: Sep 30, 2015

Keywords: Good Faith; Unjust Enrichment; Commercial Contract; Distant Contract; Contemporary Meaning

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