Private Ordering Under the Ali Principles: As Natural as Status

31 Pages Posted: 9 Sep 2005

See all articles by Martha M. Ertman

Martha M. Ertman

University of Maryland Francis King Carey School of Law

Date Written: May 27, 2005

Abstract

The ALI Principles incorporate and validate norms of private ordering in a number of instances, such as domestic partnerships, de facto parenthood, parenthood by estoppel, and premarital agreements. This pattern coheres with the general trend recognizing the plurality of forms that intimate affiliations take, as well as the centrality of contractual thinking in law and society generally. After identifying some salient points about the contractual ordering under the ALI Principles, this chapter mines cognitive science literature to explore whether metaphors related to contract have intuitive, intellectual, and social legitimacy, compared to other metaphors, such as those based on status.

Keywords: private ordering, parenthood, domestic partnership, ALI, contracts

Suggested Citation

Ertman, Martha M., Private Ordering Under the Ali Principles: As Natural as Status (May 27, 2005). Utah Legal Studies Paper No. 05-05, Available at SSRN: https://ssrn.com/abstract=774972 or http://dx.doi.org/10.2139/ssrn.774972

Martha M. Ertman (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

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