Principled Pluralism and Contract Remedies

34 Pages Posted: 1 Oct 2009

See all articles by C. Scott Pryor

C. Scott Pryor

Campbell University - Norman Adrian Wiggins School of Law

Date Written: June 1, 2009

Abstract

Contemporary justifications for the expectation measure of contract damages come primarily from two meta-ethical schools: autonomy and utility. Autonomy and utility are incommensurable and thus far efforts to combine or order them have not proven successful. This article presents a unitary justification of autonomy and utility by appealing to a transcendent order. Given the modern pluralistic, secular legal order, I anticipate and address concerns about the legitimacy of my proposed justification.

Keywords: contracts, remedies, autonomy, utility

Suggested Citation

Pryor, C. Scott, Principled Pluralism and Contract Remedies (June 1, 2009). McGeorge Law Review, Vol. 40, No. 3, 2009. Available at SSRN: https://ssrn.com/abstract=1481257

C. Scott Pryor (Contact Author)

Campbell University - Norman Adrian Wiggins School of Law ( email )

225 Hillsborough Street
Raleigh, NC
United States
919.865.4650 (Phone)

HOME PAGE: http://law.campbell.edu/

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