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The Political Morality Of Convergence In Contract, Aditi Bagchi
The Political Morality Of Convergence In Contract, Aditi Bagchi
Faculty Scholarship
One of the most interesting recent developments in contract law has been an academic and political effort to integrate private law. The proposed Common European Sales Law was ultimately withdrawn, and a series of setbacks, including the British referendum to exit the EU, has recast the politics of convergence. But it remains an objective for many European scholars. This essay considers the wisdom of convergence on a single law of transactions from the perspective of philosophical contract theory. The essay proceeds by disaggregating the rights at stake in contract law. It characterises the formal right to contract and describes its …
Contract And The Problem Of Fickle People, Aditi Bagchi
Contract And The Problem Of Fickle People, Aditi Bagchi
Faculty Scholarship
No abstract provided.
How Well Do We Treat Each Other In Contract?, Aditi Bagchi
How Well Do We Treat Each Other In Contract?, Aditi Bagchi
Faculty Scholarship
One of the important contributions of Nathan Oman’s new book is to draw focus onto the quality of the relationships enabled by contract. He claims that contract, by supporting markets, cultivates certain virtues; helps facilitate cooperation among people with diverse commitments; and produces the wealth that may fuel interpersonal and social justice. These claims are all plausible, though subject to individual challenge. However, there is an alternative story to tell about the kinds of relationships that arise from markets i.e., a story about domination. The experience of domination is driven in part by the necessity, inequality, and competition enjoined by …