The Right to Justification of Contract

Ratio Juris (Forthcoming)

Amsterdam Law School Research Paper 2019-08

Centre for the Study of European Contract Law Working Paper No. 2019-04

25 Pages Posted: 26 Feb 2019 Last revised: 13 Dec 2019

See all articles by Martijn W. Hesselink

Martijn W. Hesselink

European University Institute; University of Amsterdam

Date Written: February 25, 2019

Abstract

This paper defends a right to the justification of contract, with reciprocal and general reasons, and explores its main implications for the law of contract and its theory. It argues that the leading monist and essentialist contract theories, offering blueprints for an ideal contract law based on the alleged ultimate value or essential characteristic of contract law, cannot justify the basic structure of contract. Instead, it argues, a critical discourse theory of contract can contribute to the realisation of the right to justification of contract by exposing patterns of contractual injustice, in particular exploitation and domination by contract, that contract law can and should prevent.

Keywords: contract law, right to justification, contractual injustice, exploitation, domination by contract

JEL Classification: K12

Suggested Citation

Hesselink, Martijn W., The Right to Justification of Contract (February 25, 2019). Ratio Juris (Forthcoming); Amsterdam Law School Research Paper 2019-08; Centre for the Study of European Contract Law Working Paper No. 2019-04. Available at SSRN: https://ssrn.com/abstract=3341424 or http://dx.doi.org/10.2139/ssrn.3341424

Martijn W. Hesselink (Contact Author)

European University Institute ( email )

Villa Salviati
Via Bolognese 156
Florence, 50139
Italy

University of Amsterdam ( email )

University of Amsterdam, Faculty of Law
P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

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