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Why Autonomy Must Be Contract's Ultimate Value, Hanoch Dagan, Michael A. Heller
Why Autonomy Must Be Contract's Ultimate Value, Hanoch Dagan, Michael A. Heller
Faculty Scholarship
In “The Choice Theory of Contracts”, we develop a liberal theory of contract law. One core task of the book was to persuade advocates of economic analysis that they must situate their enterprise within our liberal framework. Autonomy, rightly understood, is the telos of contract.
Oren Bar-Gill pushes back strongly in “Choice Theory and the Economic Analysis of Contracts”. He offers a penetrating – perhaps devastating – critique of our approach. Bar-Gill notes the substantial convergence between choice theory and a welfarist view. If he is right, then what does choice theory add?
Our task in Part I of this …