Explaining Contract Doctrine

Reasonableness and Responsibility: A Theory of Contract Law

“…4 But Aristotle was only analyzing the different forms that justice can adopt (distributive, corrective, etc.) 6 Let me develop the contrast between the two Aristotelian forms of justice further. Thus the idea of 'a principle of formal justice' is unintelligible and cannot be contrasted with any other kind of principle of justice.…”

“…6 Thus, a more consistent conception of equality of opportunity should also include natural talents among factors that should not in fl uence the distribution of burdens and bene fi ts. Who would deny it?…”

“…For him, the way in which rights are classi fi ed is completely irrelevant. 6 Waddams has nothing against legal theory itself . Corbin is expressing skepticism about the importance of classifying obligations.…”

“…Various theorists decry the unnaturalness of binding the law in a static theory as if it were a "map." For a review of Waddams' book, see Allan Beever and Charles Rickett, "Interpretive Legal Theory and the Academic Lawyer" (2005) 6 See Waddams, supra note 5 at vi. 4 But it is in Stephen Waddams' Dimension of Private Law: Categories and Concepts in Anglo American Legal Reasoning 5 that the strongest case against the possibility of "mapping" private law is made.…”

“…In contrast, the reasonable has a public character that the rational does not have. 6 A consequence of this conception of the person is that the particular idiosyncrasies of individuals are not supposed to unilaterally set the conditions of people's private interactions with one another. 5 These terms of fair interaction are terms that agents share and reciprocally publicly recognize.…”