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Cserne, PPter 2017. Paternalism and Contract Law. SSRN Electronic Journal , Edited by Peter Benson , University of Toronto Publisher: Cambridge University Press Online publication date: October 2009 Print publication year: 2001 Online ISBN: 9780511570834 Digital access for individuals (PDF download and/or read online) Added to cart Digital access for individuals (PDF download and/or read online)Although the law of contract is largely settled, there appears to be no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. Contract law theory raises issues concerning the relation between law and morality, the role and the importance of rights, the connection between justice and economics, and the distinction between private and public law. This collection of six full-length essays, written by some of the most eminent scholars in the field, explores the general theory of contract law from a variety of theoretical perspectives. The volume addresses a wide range of issues, both methodological and substantive, in the theory and practice of contract law. While the essays build upon past theoretical contributions, they also attempt to take contract theory further and suggest promising ways to develop theory of contract law.
"These are all seriously interesting essays. Benson is to be congratulated on assembling such an excellent collection. The essays do indeed represent the next stage of progress in the jurisprudence of contract law. Further work in the field must begin with this work." Philosophy in Review
