Private Law Theory

Abstract:
The idea that contract law should do social justice has not been getting very good press, but it happens to be surprisingly robust, or so I argue. My more specific claim is be that reasons of social justice fall within the range of reasons to which contract law should be sensitive. I pursue this claim in three stages. First, I sketch a working conception of social justice and its subject-matter (section 1). I then outline what I regard as the core argument for the claim that reasons of social justice fall within the range of reasons that contract law should be sensitive to (section 2) and I defend that argument against four sets of objections (section 3).

Voyiakis, Emmanuel, Contract Law and Reasons of Social Justice (September 1, 2012). Canadian Journal of Law and Jurisprudence, Vol. 25, No. 2, 2012.

First posted 2012-09-22 15:53:59