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Full-Text Articles in Contracts
The Dilemma Of Choice: A Feminist Perspective On The Limits Of Freedom Of Contract, Gillian K. Hadfield
The Dilemma Of Choice: A Feminist Perspective On The Limits Of Freedom Of Contract, Gillian K. Hadfield
Osgoode Hall Law Journal
In this essay I explore what Michael Trebilcock's work in The Limits of Freedom of Contract offers feminists in terms of a resolution or transcendance of the dilemma of choice. Trebilcock's work does not address the deepest feminist concerns about conflicts between autonomy and welfare, but it does shed light on narrower versions of the dilemma, providing an analytical framework for the feminist dilemma of choice and emphasizing the pervasiveness of this problem in contract law. Trebilcock's recommendation that society simultaneously use different institutions to promote different values also has salience for the feminist dilemma of choice.
Critiques Of The Limits Of Freedom Of Contract: A Rejoinder, Michael J. Trebilcock
Critiques Of The Limits Of Freedom Of Contract: A Rejoinder, Michael J. Trebilcock
Osgoode Hall Law Journal
This rejoinder to the foregoing critiques of the author's book, The Limits of Freedom of Contract, focuses on several themes: a) what range of contractually-related issues do courts possess the requisite institutional competence to address? b) whether problematic normative issues in contract law are amenable to rational analysis and at least provisional resolution, or are inherently indeterminate, contingent, and political? c) what the value of individual autonomy implies in terms of the type of transactions parties should be permitted to engage in? d) whether an "internal" rather than consequentialist theory of contract law is conceivable? and e) whether autonomy values …