‘Contracts and Choice Theory, Part 2 – Why Autonomy Must Be Contract’s Ultimate Value’

“In our book The Choice Theory of Contracts, we developed a ‘liberal theory’ of contract law. In three forthcoming essays, we reply to critics and show how and why autonomy must be contract’s ultimate value. Our first essay – the focus of this OBLB post – focuses on the challenge from law-and-economics; the second essay replies to contract law scholars; the third essay addresses legal philosophers’ critics. One core task of Choice Theory was to persuade advocates of economic analysis that they must situate their enterprise within our liberal framework …” (more)

[Hanoch Dagan and Michael Heller, Oxford Business Law Blog, 4 February]

First posted 2019-02-04 16:34:22

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