“In today’s post, our author, Margeret Jane Radin, responds to her reviewers from the third week of the Symposium. Response to Aditi Bagchi: You are quite right to say that what I was trying to do in my book is bring to the fore what you label features (2) and (3): that boilerplate in effect forces consumers to give up important legal rights and that boilerplate effectively eliminates rights for large portions of the consumer population. These features cause an inquiry into what we might label (4) in my intentions in the book: there are background rights that are constitutive of civil society, or inherent in the social contract, and these are not within the purview of individuals to waive, one by one, even if they truly wish to, one by one …” (more)
[ContractsProf Blog, 3 June]
First posted 2013-06-03 19:59:06
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