Josse Klijnsma, ‘Contract Law as Fairness’

Abstract:
This article examines the implications for contract law of Rawls’ theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is particularly interesting because it is instructive for both contract law and Rawlsian theory. On the one hand, justice as fairness has clear normative implications for the institution of contract law. On the other hand, this discussion forces us to critically assess the meaning and appeal of the concept of a basic structure in justice as fairness.

Josse Klijnsma, Contract Law as Fairness. Ratio Juris, Volume 28, Issue 1, pages 68–88, March 2015. Article first published online: 17 FEB 2015. DOI: 10.1111/raju.12067.

First posted 2015-02-18 07:20:21

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