“In The Choice Theory of Contracts, Hanoch Dagan and Michael Heller announce that their aim is to persuade the reader, ‘to adopt a liberal view of contract law. To achieve this goal, this book offers choice theory, an approach that departs from contemporary accounts in two ways: it analyzes the field as a whole and puts freedom back into “freedom of contract”’ (xi). The theory is presented as liberal because it analyzes the state’s provision of contract law through the lens of the familiar liberal idea that the state should provide people with resources and opportunities to enable them to lead self-directing lives. Just as the state should provide education, health care, and material resources to its citizens, so it should provide them with contract types to enable them to make choices …”
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Arthur Ripstein, The Contracting Theory of Choices, Law and Philosophy (2021). Published: 13 January 2021.
First posted 2021-01-16 07:31:50
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