The Deformation of Contract in the Information Society

Forthcoming in Oxford Journal of Legal Studies vol 37

U of Michigan Law & Econ Research Paper No. 16-034

46 Pages Posted: 3 Feb 2017 Last revised: 7 Mar 2017

Margaret Jane Radin

University of Michigan Law School

Date Written: February 3, 2017

Abstract

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

Suggested Citation

Radin, Margaret Jane, The Deformation of Contract in the Information Society (February 3, 2017). Forthcoming in Oxford Journal of Legal Studies vol 37; U of Michigan Law & Econ Research Paper No. 16-034. Available at SSRN: https://ssrn.com/abstract=2911087

Margaret Jane Radin (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States
505-314-6516 (Phone)

Paper statistics

Downloads
186
Rank
131,947
Abstract Views
375