This concise landmark in law and jurisprudence offers the first coherent, liberal account of contract law. The Choice Theory of Contracts answers the field’s most pressing questions: What is the ‘freedom’ in ‘freedom of contract’? What core values animate contract law and how do those values interrelate? How must the state act when it shapes contract law? Hanoch Dagan and Michael Heller show exactly why and how freedom matters to contract. They start with the most appealing tenets of modern liberalism and end with their implications for contract law. This readable, engaging book gives contract scholars, teachers, and students a powerful normative vocabulary for understanding canonical cases, refining key doctrines, and solving long-standing puzzles in the law.
Dagan, Hanoch and Heller, Michael, The Choice Theory of Contracts (Introduction) (April 30, 2017). The Choice Theory of Contracts, Cambridge University Press, 2017.