Is contract law liberal? On autonomy and exchange
Sage, N. W.
(2025).
Is contract law liberal? On autonomy and exchange.
Cambridge Law Journal,
https://doi.org/10.1017/S0008197325100974
Autonomy theories of contract are influential and have many attractions, not least their compatibility with liberal ideals. However, such theories cannot account for basic features of the common law of contract, in particular: the role of established transaction types, the doctrine of consideration, and the phenomenon of contractual obligation. An exchange theory of contract can account for those features of the law. This theory’s liberal credentials can be established by connecting it to an alternative intellectual strand in the liberal tradition, sometimes known as commercial liberalism.
| Item Type | Article |
|---|---|
| Copyright holders | © 2025 The Author |
| Departments | LSE > Academic Departments > Law School |
| DOI | 10.1017/S0008197325100974 |
| Date Deposited | 14 Jul 2025 |
| Acceptance Date | 13 Jul 2025 |
| URI | https://researchonline.lse.ac.uk/id/eprint/128816 |
Explore Further
- https://www.scopus.com/pages/publications/105025714533 (Scopus publication)
ORCID: https://orcid.org/0000-0001-9739-7371
