Review of Hanoch Dagan and Michael Heller, The Choice Theory of Contracts

Hanoch Dagan and Michael Heller, The Choice Theory of Contracts, Cambridge University Press, 2017, 180pp, $29.99 (pbk), ISBN 97801316501702. This book aims to provide a new approach to thinking about the role of contract law in a liberal state. The fundamental idea is that the law should affirmatively facilitate citizens’ autonomy by creating and sustaining various different types of contractual relationships so that citizens have the option to choose among them. The authors start from the idea that ‘bargaining for terms is not the dominant mode of contracting … the mainstay of present-day contracting is the choice among types’ (2-3). We choose to relate as employees or independent contractors, married or just cohabiting, merchants selling goods or private individuals selling goods as-is … (more)

[Nicolas Cornell, Notre Dame Philosophical Reviews, 20 November]

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