Law and Contemporary Problems

A quarterly law journal publishing issues devoted to papers on a particular topic of contemporary interest. Topics usually reflect an interdisciplinary perspective with contributions by lawyers, economists, social scientists, scholars in other disciplines

Articles from Vol. 76, No. 2, Spring

Autonomy, Pluralism, and Contract Law Theory
I INTRODUCTION The proposition that the commitment to individual autonomy is one of the most important foundations of contract is a truism, almost a cliche. (1) Contract, in this common account, is the legal cousin of the social practice of promise...
Contract as Deliberation
I INTRODUCTION Contracts are communication. "'Will you give it?' 'I will give it.' 'Do you promise?' 'I do promise.' 'Do you pledge your faith?' 'I do pledge my faith.' 'Do you guarantee?' 'I do guarantee.' 'Will you do this?' 'I will do it.'"...
Contract Collisions: An Evolutionary Perspective on Contractual Networks
I INTRODUCTION The anthropocentric bias inherent in our culture also informs our understanding of law. Because of this, we often have difficulty imagining that new schemata for dealing with unresolved legal conundrums may emerge in practice without...
Contract-Management Duties as a New Regulatory Device
I INTRODUCTION The question of how to manage contracts is as old as the idea of contracts itself. When contractual obligations are not instantaneously fulfilled, the parties must arrange their decisions in a way that will achieve this aim. In...
Contractual Freedom, Contractual Justice, and Contract Law (Theory)
I INTRODUCTION The current symposium, "The Public Dimension of Contract," has been gathered under the promising subheading of "legal theories in dialogue." It thus might be useful to begin with a few remarks about my general approach to the "theory...
Desire for Text: Bridling the Divisional Strategy of Contract
I INTRODUCTION Nous avons un irresistible besoin d'un texte qui donne au juge le pouvoir de briser les conventions abusives. (1) In 1907 the French jurist Georges Ripert, considering the first diffusion of standard contracts, regretted...
Previously Published Symposia
The following is a chronological list of topics on which Law and Contemporary Problems' has published a symposium. A ([dagger]) following a title indicates that the symposium was published in two parts that must be ordered separately. Vol:No. ...
Private Law as Biopolitics: Ordoliberalism, Social Market Economy, and the Public Dimension of Contract
I INTRODUCTION The transition of society from bourgeois to capitalist, that is, the coming of the Industrial after the French Revolution, transformed the proprietary order into a proprietary organism, incapable of producing emancipation. Private...
Relational Justice
I INTRODUCTION: JUSTICE UNFIXED Justice, arguably, is a relational concept. This is inherent in the early definitions of justice that link the term to the virtue of individuals. More precisely, Aristotle refers to justice in a general sense as...
Some Preliminary Remarks on a Liberal Theory of Contract
I INTRODUCTION There is no such thing as a non-liberal theory of contract. Because the normative structure underlying the concept of contract is basically and essentially a liberal one, (1) non-liberal approaches fail to grasp its meaning. They...
The Legitimacy of the Contracting State
I INTRODUCTION: THE ORIENTATION OF PRESENT-DAY DOCTRINE ON THE CONTRACTING STATE Globalization challenges our understanding of the state as the main source of legitimate law. (1) This article will take this claim one step further. Today, we may...
The Public Dimension of Contract: Contractual Pluralism beyond Privity
Pluralism is the very idea of modern society. At a fundamental level this applies to the transformation of the concept of reason. Modernity rejects the traditional notion of a substantial reason that is directed at understanding a pre-given order and...
The Vanishing Freedom to Choose a Contractual Partner
I INTRODUCTION An individual's right to choose a contractual partner marks an intersection between fundamental rights and basic contract law. As a fundamental right, the freedom to choose is emblematic of individual liberty and personal autonomy,...
Transnational Private Regulatory Governance: Ambiguities of Public Authority and Private Power
I INTRODUCTION The proliferation of private norm-making, that is, the creation of legally binding rules outside of the institutional, state-based systems of rule-setting, very forcefully accentuates the dilemma of the modern nation state's exhaustion...

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