Such lawsuits will not be troublesome if the "foreign" law is the same as the forum law. Critical Approaches to Law, 15 Fla. It resolves a tension that now exists between contractual norms of freedom and antidiscrimination norms of racial and sexual equality, felt both in theory and very much in practice in workplaces and perhaps in housing or rental markets as well: Close The point of contract law, writ large, is to promote relational justice in our dealings with each other.
Fletcher, forthcoming, Oxford University Press. Fourteenth Amendment law, from a new critical perspective, according to Professors Reva Siegel and Robert Post, is committed to a substantive rather than formal conception of equality that is in turn informed by the mandate to treat all citizens with dignity and mutual respect—a demand that requires much more state intervention than the simplistic or shallow mandate to treat likes alike or simply get out of our private or commercial affairs.
Rethinking Ideology and Strategy, ed. Close We may be inclined to treat each other justly in the private realm for the most part. Close The third claim Dagan and Dorfman make is that because the discriminatory refusal to deal with people of color when, for example, selling a home is a violation of relational justice, this refusal should therefore be cognized as a harm by contract law.
Tort law itself serves this noble, not ignoble, end when properly construed. Our contracts—or at least our contracts that are enforceable in courts of law and properly enforced—must be conscionable, and not just efficient, according to Professors Seana Shiffrin and Hila Keren, and when they are not, contract law and the judges who enforce it should stand ready to strike them.
Close That hobbles his legal mobility, to continue the Dworkinian metaphor. Close and second, a robust autonomy that accords individuals the material wherewithal to truly guide their own lives on the basis of their chosen conception of the good, rather than a shallow libertarian conception of individual independence from the state.
Contract law rests, after all, on a firm foundational claim that we can undoubtedly refuse to contract with anyone we would rather not deal with and agree to contract only with those with whom we wish to deal.
Close Third, neither traditionalists nor critics come anywhere close to the assertion that interpersonal justice is the heart and purpose of contract law or that contract law is all about the enforcement of duties implied by relational justice. The new legal critics, therefore, much like the critical legal studies scholars of the late-twentieth century, resist the traditional and quasi-libertarian legalist claims that contemporary Western law—or at least U.
Lastly, in some contrast with other new critics, although largely in step, Dagan and Dorfman articulate a deeper jurisprudence; they purport to find, and they then articulate, a theory of justice, obligating us in our quite personal as well as commercial relations.
Equally difficult are the family laws which regulate incestuous relationships and capacity. See Dworkin, supra note 12, at 46 arguing that strong legal interpretations must fit both precedent and a strong theory of justice.
It slips through the cracks of our traditional division of labor. But again, this would be along the same axis: It concerns, broadly, the relationships assumed by the two groups between law, politics, and morality.
It is part of the justice that is owed—but it is distinctive in that it is neither distributive justice nor social justice.7 Clare Dalton, An Essay in the Deconstruction of Contract Doctrine, 94 Yale L. J. (); Jay M. Feinman, Promissory Estoppel and. Clare Dalton: An essay in the deconstruction of contract doctrine on | Clare Dalton: An essay in the deconstruction of contract doctrine Description Details Clare Dalton: An essay in the deconstruction of contract doctrine Description Details Price: Negotiable Discipline Other Assignment type: Essay Format MLA Academic Level: – Volume of.
Her controversial "Essay in the Deconstruction of Contract Doctrine," published in by the Yale Law Journal, is considered a breakthrough analysis in combining the field of contracts with modern and feminist legal theory.
Her fields of expertise also include family law, torts and modern legal theory. that contract, tort, and property law collectively constitute a legal structure within which (1) norms of equality are exhausted by a shallow Clare Dalton, An Essay in the Deconstruction of Contract Doctrine, 94 Yale L.J.–03 (); Mark G.
Kelman, Trashing, 36 Stan. L. Rev.() [hereinafter Kelman, Trashing]; Duncan. A BRIEF SURVEY OF DECONSTRUCTION Pierre Schlag* Clare Dalton, An Essay in the Deconstruction of Contract Doctrine, 94 YALE L.J.
(); Gary Peller, The Metaphysics of American Law, 73 CAL. L. REV. Doctrine was engaged at a formalistic level in the sense that CLS. standard history of contract doctrine represents that, from the sixteenth to the early Clare Dalton, An Essay in the Deconstruction of Contract Doctrine, 94 Yale L.J.().
[Vol. ] OBJECTIVE THEORY AND CONTRACT LAW was the collective product of the legal profession, responding to the.Download