Revocability, Unconscionability and Impracticability in American, Danish and International Law

TY - CHAP

T1 - Revocability, Unconscionability and Impracticability in American, Danish and International Law

AU - Lookofsky, Joseph

PY - 2018

Y1 - 2018

N2 - ‘Revocability’ is obviously the opposite of ‘irrevocability,’ but if we are only talking about a starting point amended by significant exceptions, it hardly much matters where we start (and end). If, to take a different example, we translate ‘unconscionable’ as ‘unreasonable’ (for lack of a better corresponding term), that would gloss over important substantive differences at the domestic level, perhaps also leading the way to inappropriate conclusions in an international ‘impracticability’ context. So, what makes the greatest impression, the common core or the differences? Maybe it depends on the direction in which we’re headed ... or on where we’re coming from.

AB - ‘Revocability’ is obviously the opposite of ‘irrevocability,’ but if we are only talking about a starting point amended by significant exceptions, it hardly much matters where we start (and end). If, to take a different example, we translate ‘unconscionable’ as ‘unreasonable’ (for lack of a better corresponding term), that would gloss over important substantive differences at the domestic level, perhaps also leading the way to inappropriate conclusions in an international ‘impracticability’ context. So, what makes the greatest impression, the common core or the differences? Maybe it depends on the direction in which we’re headed ... or on where we’re coming from.

M3 - Book chapter

SN - 978-87-574-4113-0

SP - 575

EP - 591

BT - Festskrift til Mads Bryde Andersen

A2 - Udsen, Henrik

A2 - Schans Christensen, Jan

A2 - Lau Hansen, Jesper

A2 - Iversen, Torsten

A2 - Nielsen, Linda

PB - Djøf Forlag

CY - København

ER -