The Routledge Handbook of the Philosophy of Paternalism, ed. Kalle Grill and Jason Hanna (Abingdon: Routledge, Forthcoming)
35 Pages Posted: 28 May 2017 Last revised: 22 Jun 2017
Date Written: May 5, 2017
This is an overview chapter, forthcoming in The Routledge Handbook of the Philosophy of Paternalism. I suggest a classification of contract law rules and doctrines that are potentially or prima facie paternalistic, as constitutive, procedural, informational and substantive limits to freedom of contract. I also discuss non-paternalistic rationalisations of some of these rules in terms of justice or as responses to externalities and collective action problems.
Keywords: paternalism, freedom of contract, J.S. Mill
JEL Classification: D63, D86, K12
Suggested Citation: Suggested Citation
Cserne, Péter, Paternalism and Contract Law (May 5, 2017). The Routledge Handbook of the Philosophy of Paternalism, ed. Kalle Grill and Jason Hanna (Abingdon: Routledge, Forthcoming); TILEC Discussion Paper No. DP 2017-022. Available at SSRN: https://ssrn.com/abstract=2973858 or http://dx.doi.org/10.2139/ssrn.2973858