This article offers a feminist perspective on contract theories in law,economics and law-and-economics. It identifies masculine traits presentcontract theories in all three disciplines. It then describes andassesses some developments that appear to be ‘feminising’: Therecognition of the importance of social norms in contract theory andtheories of contract as relationship. The article's main claim is that amasculine model of decision-making persists even within the less overtlymasculine models of contract. The problem of sexually transmitted debtresulting from a surety contract is analysed in (...) detail as a specificexample supporting the article's general argument. The article concludesthat the way forward is to be found in a recognition of other ways ofmaking decisions. (shrink)

: Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the (...) article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of the Maryland Health Care Decisions Act. The article concludes that gender does matter and that an understanding of feminist legal theory and practice will enrich the analysis of contemporary bioethical issues. (shrink)

Feminist opposition to the use of cohabitationcontracts for the private regulation of personalrelations has been predicated on the classical readingof contract as commerce. On this reading,cohabitation contracts construct cohabitants'obligations as commercial and typically detrimental towomen because of their weaker bargaining power. Butthe premisses of classical contract theory are beingundermined by radical critiques which emphasize theimportance of relationality in the reading ofcontract. On such critiques, the obligationsconstructed by cohabitation contracts need no longerexclude considerations of the parties' differentfinancial status and social circumstances. (...) Theconstruction of cohabitants' obligations canaccordingly foreground fairness and equality, both indrafting and in enforcing cohabitation contracts. Inthis way, the conceptualization of contract asrelationality encourages the use of cohabitationcontracts as progressive mechanisms for thedemocratization of personal relations. (shrink)

The principle of coverture in Lebanon is defined and examined through a study of the Christian personal status codes. While these do not necessarily reflect the social status of women, they remain highly discriminatory against women in the legal realm. This is seen as the result of archaic laws, the patriarchal social order, and the strong influence of Islam. No change is seen as possible without an attempt at the unification of all personal status codes and their modification or replacement (...) with a uniform civil law to provide absolute gender equality. (shrink)