Contract Law and Morality
Nathan B. Oman
William & Mary Law School
William & Mary Law Review, Vol. 48, 2007
This brief piece introduces the contract law section of a symposium on law and morality. I argue that notwithstanding the empirical turn in recent scholarship, moral reflection remains important for the study of contract law for two reasons. First, because without normative theories we cannot construct what Hart called internal interpretations of the law. In the absence of such interpretations, we are left with a basic puzzle about the purposes and coherence of the law that we already have. Second, contrary to the claims made by some empiricists, there are genuine conflicts about the merits and implications of our normative commitments. Indeed, when moral claims are stated at a level that commands universal assent, they tend to become banal.
Number of Pages in PDF File: 4
Keywords: Contracts JurisprudenceAccepted Paper Series
Date posted: February 22, 2007
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