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http://ssrn.com/abstract=2237853
 
 

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Promise, Contract, Personal Autonomy, and the Freedom to Change One's Mind


Dori Kimel


University of Oxford - Faculty of Law

March 1, 2013

Oxford Legal Studies Research Paper No. 19/2013

Abstract:     
Is it possible that, in a world without promise, people would be just as likely, or perhaps even more likely, to be autonomous? The paper takes issue with a mainstream view in contemporary literature on promise (and, similarly, contract) – a view by which the capacity to promise enhances personal autonomy, and can thus be explained and justified by reference to its value. The challenge to the mainstream view is animated by way of noting the possible autonomy-related value of a change of mind, and takes the shape of exploring some (perceived) qualities of promises that may be thought to render that practice exceptionally hostile to a change of mind – in particular, that promissory obligations are strict liability, that broken promises carry (often equally onerous) reparative obligations in their wake, and that the power of the promisee over the promisor appears to be ungoverned by any binding norms. Having set up – and ultimately dismissed – that challenge, the paper concludes with some related observations concerning promise, contract, and the relationship between the two.

Number of Pages in PDF File: 18

Keywords: promise, contract, personal autonomy, change of mind, freedom of contract, consideration, remedies for breach

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Date posted: March 24, 2013 ; Last revised: November 26, 2013

Suggested Citation

Kimel, Dori, Promise, Contract, Personal Autonomy, and the Freedom to Change One's Mind (March 1, 2013). Oxford Legal Studies Research Paper No. 19/2013. Available at SSRN: http://ssrn.com/abstract=2237853 or http://dx.doi.org/10.2139/ssrn.2237853

Contact Information

Dori Kimel (Contact Author)
University of Oxford - Faculty of Law ( email )
St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom
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