Renata Grossi, ‘What can contract law learn from #MeToo?’

ABSTRACT
In this article, I ask whether contract law can learn anything from the #MeToo discussions of consent. When we juxtapose consent in these two contexts, two issues emerge. The first is whether consent is a valuable ethical tool in helping us to determine whether an agreement is ‘good’. This article argues that just as patriarchy makes a mockery of consent in negotiating sexual encounters, so too do free market economics make a mockery of consent and freedom to contract. The second issue is whether consent should be understood objectively or subjectively. While favouring the centralizing of a subjective approach as #MeToo did, this article also affirms the critical critique of objectivity and questions the objectivity/subjectivity dichotomy altogether. This article ends with a nod towards the theorization of contract as feminist and as relational.

Renata Grossi, What can contract law learn from #MeToo? Journal of Law and Society, https://doi.org/10.1111/jols.12358. First published 12 May.

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