Abstract
This article offers a feminist perspective on contract theories in law,economics and law-and-economics. It identifies masculine traits present contract theories in all three disciplines. It then describes and assesses some developments that appear to be feminising: The recognition of the importance of social norms in contract theory and theories of contract as relationship. The article's main claim is that a masculine model of decision-making persists even within the less overtly masculine models of contract. The problem of sexually transmitted debt resulting from a surety contract is analysed in detail as a specific example supporting the article's general argument. The article concludes that the way forward is to be found in a recognition of other ways of making decisions.
Original language | English |
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Pages (from-to) | 29-46 |
Number of pages | 18 |
Journal | Feminist Legal Studies |
Volume | 8 |
Issue number | 1 |
DOIs | |
Publication status | Published - 2000 |
Keywords
- Contract theory
- Feminist jurisprudence
- Economics
- Law and economics
- Decision making
- Sexually transmitted debt