Externalities & European Contract Law - Capabilities as the Minimum Standard of Social Justice

16 Pages Posted: 27 Feb 2009

See all articles by Lyn Tjon Soei Len

Lyn Tjon Soei Len

Center for the Study of European Contract Law; University of Amsterdam; University of Amsterdam - Faculty of Law

Date Written: February 24, 2009

Abstract

The subject of this paper is the question whether contracts that fundamentally damage the quality of life and capabilities of others should be invalid under European contract law. Two short case descriptions show the relevance of this question in light of globalization. An economic view of these cases emphasizes problems of social justice. The paper discusses the capabilities approach as a possible minimum standard of social justice for European contract law. For the capabilities approach to be accepted as such it needs to overcome critique from legal scholarship with regard to its relevance for contract law as well as critique with regard to the theory itself as a standard of justice. The latter is addressed by contrasting the approach with other traditions such as utilitarianism and the social contract. The relevance of the capabilities approach for European contract law is discussed in the remainder of the paper: why should European contract law incorporate a standard of social justice and how does the capabilities approach translate into rules of contract law? This paper aims to offer a convincing argument for the capabilities approach as a minimum standard of social justice in European contract law.

Keywords: European contract law, externalities, capabilities approach, social justice

Suggested Citation

Tjon Soei Len, Lyn, Externalities & European Contract Law - Capabilities as the Minimum Standard of Social Justice (February 24, 2009). Centre for the Study of European Contract Law Working Paper No. 2009/03. Available at SSRN: https://ssrn.com/abstract=1348467 or http://dx.doi.org/10.2139/ssrn.1348467

Lyn Tjon Soei Len (Contact Author)

Center for the Study of European Contract Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands
0205253134 (Phone)

University of Amsterdam ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

Register to save articles to
your library

Register

Paper statistics

Downloads
247
Abstract Views
1,264
rank
122,074
PlumX Metrics