Péter Cserne, ‘Paternalism and Contract Law’

Abstract:
This is an overview chapter, forthcoming in The Routledge Handbook of the Philosophy of Paternalism. I suggest a classification of contract law rules and doctrines that are potentially or prima facie paternalistic, as constitutive, procedural, informational and substantive limits to freedom of contract. I also discuss non-paternalistic rationalisations of some of these rules in terms of justice or as responses to externalities and collective action problems.

Cserne, Péter, Paternalism and Contract Law (May 5, 2017). The Routledge Handbook of the Philosophy of Paternalism, ed Kalle Grill and Jason Hanna (Abingdon: Routledge, forthcoming).

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