Good Faith: The Law and Morality

Denning Law Journal, 1993

37 Pages Posted: 27 Nov 2007

See all articles by Sylviane Colombo

Sylviane Colombo

University of Haifa - Faculty of Law

Abstract

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

Colombo, Sylviane, Good Faith: The Law and Morality. Denning Law Journal, 1993, Available at SSRN: https://ssrn.com/abstract=1032306

Sylviane Colombo (Contact Author)

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

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