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The Wars of Jurisprudence: Clash Between Contractural Justice & Freedom of Contract
By: Abdullah, Faiz
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Language: English

Softcover

Is there «contractual justice» in Malaysian contract law? Or is the notion too vague? Do our courts adjudicate through a formal mechanism using strict law to ascertain liability or do they prioritise justice and equity over form and procedure?

In his first book, the author broke new ground in the discourse on Sharīʿah by moving it out of its legalistic paradigm and proposing that kalām and falsafah be included in its discourse. In this second foray, the author traverses the unchartered terrain of philosophy, law and economics within the matrix of contract law where contractual freedom clashes with contractual justice in a series aptly titled the wars of jurisprudence. The discourse is based on English common law covering the jurisdictions of Malaysia, Singapore and other common law countries including the United States.

The author explores the concept of justice traceable to Plato and Aristotle and then to Kant’s categorical imperatives before settling on Rawlsian «justice as fairness» in support of the definition and advocacy of contractual justice. He tackles headlong the principles of economic and contractual freedom laid down by Adam Smith, Hayek and Nozick. The author critically examines the doctrines of consent, coercion and voluntariness while unconscionability and economic duress are argued as primary factors to invoke contractual justice. The author proposes several substantive amendments to the Contracts Act 1950 in order to facilitate judicial dispensing of contractual justice.

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Product Details
By:Abdullah, Faiz
Language:English
Format:Softcover
Pages: 428 pp
Publisher:TOP, Kuala lumpur 2017
Dimensions:15 x 23 cm
ISBN-13:9789670957135
Topic:Islamic Law & Jurisprudence - Philosophy & Concepts

More Information

About the Author
Faiz Abdullah

Professor Dr Mohd Faiz Abdullah is the Dean of the Selangor Business School, UNISEL and advisor to the Menteri Besar of Selangor on international affairs and policy. He graduated with First Class Honours in LLB from the International Islamic University, Malaysia in 1989 before earning an MBA and a PhD in Business Law. His first discipline was in the Humanities with particular interests in Literature and Philosophy. His first book –The Province of Sharī’ah Determined: A Fundamental Rethink of the Sharī’ah – is a tour de force in Sharī’ah exposition calling for a paradigm shift in looking at Islamic law and in engaging a universal audience by
breaking free from the classical constraints in Islamic legal discourse. In his second book – The Wars of Jurisprudence: Clash between Contractual Justice and Freedom of Contract, Faiz explores the concept of justice tracing back to Plato and Aristotle and then to Kant’s categorical imperatives before settling on Rawlsian “justice as fairness” in support of both the definition and advocacy of contractual justice. His fourth book – Voyage to Excellence: Strategic Management for the 21st Century – is set for publication in December, 2017. Faiz is currently working on his fifth book entitled Islamic State: Between the Idea and the Reality which is targeted to be published in June 2018.


The Wars of Jurisprudence: Clash Between Contractural Justice & Freedom of Contract
US$28.00
  Sale Price: US$25.00

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