“In the opening lines of Justice in Transactions, Peter Benson asks: ‘[c]an the doctrines of contract law be accounted for in their own terms and on a basis that is morally acceptable from the standpoint of justice?’ (ix). Benson’s answer is yes. He offers a theory of contract law’s own normativity, a normativity manifested in contract law’s fundamental principles and doctrines and intelligible apart from any goals, like efficiency or promissory fidelity, that we might find independently valuable; and he argues that this immanent normativity is morally acceptable from the standpoint of justice. Benson’s ambitiously systematic and detailed account is intended, in part, as a response to two understandings of contract law that have dominated contract theory: the economic analysis of contract law and the promissory theory of contract law …”
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Jennifer Nadler, Justice in Transactions by Peter Benson, Canadian Journal of Law and Jurisprudence, https://doi.org/10.1017/cjlj.2022.5. Published online by Cambridge University Press 24 February.
First posted 2022-02-26 17:00:28
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