Theories of Economic Analysts of Contract Law and their Critics

Hillman, Robert A.

doi:10.1007/978-94-011-5680-6_7

Cited by 1 publication

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“…Related to the philosophical function of contracts in realizing justice, there is the "Theory of the Role of Contract Law in Modern Society" developed by Robert A. Hillman, which emphasizes that "Contract law serves an important role facilitating private arrangements and supporting freedom of exchange" (Hillman, 1997), which means that contract law provides a role in facilitating civil legal relations and supporting the free exchange of interests in society (Syaifuddin, 2016).…”

Section: Analysis Dan Discussionmentioning

confidence: 99%

“…Furthermore, Hillman emphasized in his theory that "Contract law contributes to distributive justice through its program of mandatory terms and policy standards (Hillman, 1997), which means that contract law plays a role in realizing distributive justice through its normative clauses which are formed in accordance with established legal standards has been determined.…”

Section: Analysis Dan Discussionmentioning

confidence: 99%

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The Philosophical Function of Contracts in Realizing Justice

Niru Anita Sinaga

2023

SSHS

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This research aims to determine and discuss the philosophical function of a contract to realize justice. Therefore, what things must be fulfilled so that the philosophical function of the contract in realizing justice for the parties can be carried out is also included in the objectives of this research. This type of research is normative juridical research, using secondary data obtained from primary, secondary and tertiary legal material sources. The results of this research reveal that contracts have a fundamental philosophical function, namely realizing the value of justice in the social and economic order in society by facilitating, accommodating and regulating the contractual legal relationships of the parties in which there are balanced rights and obligations. In other words, contracts also function as legal instruments to eliminate or at least reduce imbalances in the social and economic order in society, especially in contracts made by parties as citizens or part of society.

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Section: Analysis Dan Discussionmentioning

confidence: 99%

Section: Analysis Dan Discussionmentioning

confidence: 99%