Precontractual Justice

Legal Theory (forthcoming 2022)

38 Pages Posted: 17 Feb 2021 Last revised: 2 May 2022

See all articles by Hanoch Dagan

Hanoch Dagan

Tel Aviv University - Buchmann Faculty of Law

Avihay Dorfman

Tel Aviv University - Buchmann Faculty of Law

Date Written: February 6, 2021

Abstract

This Article develops a theory of just contractual relationships for a liberal society. As a liberal theory, our account is premised on liberalism’s canonical commitments to self-determination and substantive equality. As a theory of contract law, it focuses on the parties’ interpersonal interactions rather than on the justice (or welfare) of the social order as a whole.

Normatively, the Article claims that the rules governing cases where one party experiences harsh circumstances or vulnerability during the bargaining process or operates under significant informational disadvantage must be guided by the commitment to relational justice, that is, to reciprocal respect for self-determination and substantive equality. Jurisprudentially, the Article studies the systemic difficulties hindering the translation of these normative prescriptions into legal language and analyzes how they affect the form assumed by the law of precontractual justice and its institutional pedigree.

Suggested Citation

Dagan, Hanoch and Dorfman, Avihay, Precontractual Justice (February 6, 2021). Legal Theory (forthcoming 2022), Available at SSRN: https://ssrn.com/abstract=3780471 or http://dx.doi.org/10.2139/ssrn.3780471

Hanoch Dagan (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv, 69978
Israel
+972 3 640 7302 (Phone)

Avihay Dorfman

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv, 69978
Israel

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