Abstract

http://ssrn.com/abstract=1697491
 
 

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Contracts and Capabilities: An Evolutionary Perspective on the Autonomy-Paternalism Debate


Simon Deakin


University of Cambridge - Centre for Business Research (CBR); European Corporate Governance Institute (ECGI); University of Cambridge - Faculty of Law

October 22, 2010

Erasmus Law Review, Vol. 3, No. 2, 2010

Abstract:     
An evolutionary conception of contract law is suggested as a basis for assessing claims made in the autonomy-paternalism debate. Paternalism forms one part – although by no means the whole – of a discriminating approach to contract enforcement. Selective enforcement is a long-standing feature of contract law systems, which have developed alongside the emergence of market-based economies in liberal democratic societies. Contractual regulation of this kind can be justified in normative terms by reference to capability theory. Markets are significant capability-enhancing institutions, but their effect depends on complementary regulatory mechanisms, including some of those commonly (if not always accurately) termed ‘paternalistic’.

Number of Pages in PDF File: 13

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Date posted: October 25, 2010  

Suggested Citation

Deakin, Simon, Contracts and Capabilities: An Evolutionary Perspective on the Autonomy-Paternalism Debate (October 22, 2010). Erasmus Law Review, Vol. 3, No. 2, 2010. Available at SSRN: http://ssrn.com/abstract=1697491

Contact Information

Simon F. Deakin (Contact Author)
University of Cambridge - Centre for Business Research (CBR) ( email )
Top Floor, Judge Business School Building
Trumpington Street
Cambridge, CB2 1AG
United Kingdom
+ 44 1223 335243 (Phone)
European Corporate Governance Institute (ECGI)
c/o ECARES ULB CP 114
B-1050 Brussels
Belgium
HOME PAGE: http://www.ecgi.org
University of Cambridge - Faculty of Law ( email )
10 West Road
Cambridge, CB3 9DZ
United Kingdom

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