Contracting for Social Change

40 Pages Posted: 18 Apr 2024 Last revised: 13 Jun 2024

See all articles by Adam Eckart

Adam Eckart

Suffolk University Law School

Date Written: April 5, 2024

Abstract

Throughout history, social change has often been shaped by high-profile legislation and through high-stakes litigation. But social change can also be spurred on through private contract, including through the agreements businesses and individuals make with each other every day. Transactional attorneys can promote social change through drafting techniques and choices, including narrative and storytelling techniques, and can use such drafting techniques in order to 1) write better and more complete agreements that are more consistent with business-led social activism already taking place, and 2) influence society by forcing counterparties to evolve on social issues, change industry practice, or foster a narrative for social change in society in general.

This article begins with establishing a background overview on business-led social activism, describing recent efforts by large businesses to influence social policy, and provides a scholarship overview regarding how transactional drafters can use narrative theory and storytelling techniques in transactional documents. Combining these two elements, this article analyzes how transactional attorneys can employ narrative and storytelling techniques to promote social change in transactional documents. The article argues that by integrating narrative and storytelling techniques into transactional documents, transactional attorneys can increase the persuasiveness of transactional documents, align corporate statements with existing business-led social activism, and positively influence social change.

Suggested Citation

Eckart, Adam, Contracting for Social Change (April 5, 2024). 32.3 University of Miami Business Law Review 255 (2024), Suffolk University Law School Research Paper 24-9, Available at SSRN: https://ssrn.com/abstract=4785504

Adam Eckart (Contact Author)

Suffolk University Law School ( email )

120 Tremont Street
Boston, MA 02108-4977
United States

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