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  1. Rethinking freedom of contract.Jessica Flanigan - 2017 - Philosophical Studies 174 (2):443-463.
    Many liberal egalitarians support laws that prevent people from making exploitative and unconscionable contracts. These contracts may include low-wage labor agreements or payday loans, for example. I argue that liberal egalitarians should rethink their support for laws that limit the freedom to make these illiberal contracts, as long as the contracts are voluntary and do not violate people’s other enforceable rights. Paternalistic considerations cannot justify limits on illiberal contracts because they are not only likely to misfire; they also express condescending (...)
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  • Morgan’s Minimalism: An Epistemic Approach to Contract Law.Rajiv Shah - 2016 - Critical Review: A Journal of Politics and Society 28 (3-4):356-379.
    ABSTRACTLawyers tend to fall into two categories. Some argue that the law should reflect our moral duties to each other. Seen that way, law is a form of applied ethics, and the social sciences should play only a very limited role in the reasoning of legal scholars. Others argue that the law should be developed consistently with the conclusions of social science, arguing, for example, that the task of the law is to maximize economic efficiency, such that law must conform (...)
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