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Full-Text Articles in Law
The Failure Of Economic Interpretations Of The Law Of Contact Damages, Nathan B. Oman
The Failure Of Economic Interpretations Of The Law Of Contact Damages, Nathan B. Oman
Faculty Publications
The law of contracts is complex but remarkably stable. What we lack is a widely accepted interpretation of that law as embodying a coherent set of normative choices. Some scholars have suggested that either economic efficiency or personal autonomy provide unifying principles of contract law. These two approaches, however, seem incommensurable, which suggests that we must reject at least one of them in order to have a coherent theory. This Article dissents from this view and has a simple thesis: Economic accounts of the current doctrine governing contract damages have failed, but efficiency arguments remain key to any adequate theory …
Introductory Remarks: Contract Law And Morality, Nathan B. Oman
Introductory Remarks: Contract Law And Morality, Nathan B. Oman
William & Mary Law Review
No abstract provided.
Morality And Contract: The Question Of Paternalism, James Gordley
Morality And Contract: The Question Of Paternalism, James Gordley
William & Mary Law Review
No abstract provided.
Legal Determinacy And Moral Justification , Jody S. Kraus
Legal Determinacy And Moral Justification , Jody S. Kraus
William & Mary Law Review
No abstract provided.
The Moral Impossibility Of Contract, Peter A. Alces
The Moral Impossibility Of Contract, Peter A. Alces
William & Mary Law Review
No abstract provided.
Guerilla Terms, Peter A. Alces