ABSTRACT
In contemporary scholarship, most proposals that refer to the moral foundations of contract law can be categorized under one of two broad conceptual categories: deontological (such as will, autonomy-based, and transference theories) and consequentialist (such as those rooted in efficiency and distributive justice considerations) theories. However, these conceptions are insufficient for adequately explaining and justifying contract rules because they either fail to grasp relevant features of the practice of contemporary voluntary transactions or they lose sight of the core content of this area of law. This paper aims to provide theoretical insights to mend such shortcomings by redirecting the theorization of contracts towards an egalitarian liberal account of its social functions.
José Antonio Sánchez Rubín, Distributive foundations of contract law – A reappraisal, 56 revus (2025).
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