Private Law Theory

ABSTRACT
This Article examines contractual consent through an epistemic lens, bridging contract law scholarship and epistemic theory. It demonstrates that judicial decisions frequently misunderstand or deny marginalized parties’ experiences of consent. This exclusion, the Article argues, constitutes epistemic injustice, specifically hermeneutical injustice, as these parties are wronged as knowers and excluded from shaping the legal meaning of consent.

This claim is illustrated through three case studies: an agricultural employment agreement, a prenuptial agreement, and an online standard form consumer agreement.

Finally, the Article proposes integrating marginalized voices to redefine consent, ensuring a more inclusive framework for this foundational contractual concept.

Gan, Orit, Redefining Consent to Contract (July 30, 2026), forthcoming in Akron Law Review.