The Deformation of Contract in the Information Society
Forthcoming in Oxford Journal of Legal Studies vol 37
46 Pages Posted: 3 Feb 2017 Last revised: 7 Mar 2017
Date Written: February 3, 2017
The HLA Hart Memorial Lecture delivered at Oxford on May 24, 2016. The Lecture considers how the advent and growth of the information society is posing challenges for the traditional theories of contract, and for the duties of the State with regard to contractual ordering. In particular, the Lecture considers the lack of ‘fit’ between certain prevalent uses of contract and the underlying justification for contract enforcement.
Keywords: Information society, contract theory, contract doctrine, core contracts, boilerplate, transactional disclosures, epicycles, legal infrastructure, digital networked environment, theory to practice ‘fit’, normative degradation, democratic degradation, rule of law
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