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The Principles On Agreements: "Fairness" And International Human Rights Law, Barbara J. Stark
Hofstra Law Faculty Scholarship
Family law is again in turmoil, and the ALI Principles are an ambitious and sometimes inspired effort to increase clarity and fairness. This turmoil can be attributed to two major factors. First, family law is ground zero in the gender wars. Second, family law is reeling from the upheavals of globalization. These factors provide the backdrop against which the dilemmas addressed in Chapter 7, Agreements, play out.
Chapter 7 focuses on a particularly intriguing tension, between commercial contracts and premarital agreements. This tension is grounded in the broader tension between American views on freedom of contract and autonomy in general ...