Pluralism in Contract Law

@inproceedings{Trakman2009PluralismIC,
  title={Pluralism in Contract Law},
  author={Leon Trakman},
  year={2009}
}
This article challenges the use of monist conceptions of contracting that are dominated by such ‘super’ values as the wills, consent or promises of the parties, or the efficiency of their transactions. It argues instead for greater judicial resort to plural theories of contracting by which judges can identify, rank and apply a plurality of legal, cultural, moral and economic values in reaching informed decisions. It concludes that judicial pluralism can lead to a more richly textured and… CONTINUE READING

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