In sum, either the contractarian
position is viciously circular, or the social contract, needing no meta-state to enforce it, effectively becomes a self-enforcing anomaly.
There is, ex facie, no need for the court to be constrained by contractarian
notions, or attempt to resolve disputes within the limited framework of the law of contract or bankruptcy and insolvency.
Under the classical contractarian
analysis, the business entity is
account of fiduciary law is straightforward.
Though Sen and Nussbaum differ in their ideas of justice, they both find the contractarian
If the contractarian
theory is valid, we would expect to
It may be that a comprehensive argument from economic efficiency could be disentangled from contractarian
analyses of commercial fiduciary relationships.
This, in the classical accounts, is the general contractarian
Certainly, when the trust is used to fulfill "commercial usages, the contractarian
character of the trust is transparent," (95) a conclusion that suggests it may be particularly appropriate to enforce a mandatory arbitration provision in a commercial trust.
Critique of Progressive Corporate Law
constructivists, for instance, presumably do not want to be committed to the idea that, among the rules of morality that the hypothetical contractors would choose is the contractarian
In a contractarian
model of the legal system, a party who harmed another would simply pay for it.
approach Sen traces back to Hobbes, Locke, Rousseau and Kant in the seventeenth century all of whom contributed to the concept of the "social contract" as the foundational principal that underlies the notion of social justice within a society.
structure within a contractarian
framework: Step One addresses whether
As early as the 1950s, we can see the outlines of Buchanan's contractarian
approach to economics.