Good Faith: The Law and Morality
Denning Law Journal, 1993
37 Pages Posted: 27 Nov 2007
The article looks at the philosophical basis of the individualist position in an attempt to uncover the roots of the resistance of classic individualism to the possibility of the expansion of the principle of good faith from its admittedly limited base in current American law. The ideology of individualism is often cited as an adequate intellectual defence in the face of those who urge for a greater degree of morality and compassion in human relations. The article claims that individualism is a poor "fig-leaf" in this respect, and that in fact individualism as a philosophy is highly concerned with expanding the currency of moral issues of precisely the kind of which good faith is an example.
Keywords: good faith, individualism, freedom of the will, Kantian morality, Kantian individualism, Hume's individualism, John Stuart Mill'is individualism, Anglo-American individualism
JEL Classification: K10, K19, K20, K29, K30, K39, K40, K49
Suggested Citation: Suggested Citation