A feminist perspective on contract theories from law and economics

    Research output: Contribution to journalArticle

    5 Citations (Scopus)

    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 languageEnglish
    Pages (from-to)29-46
    Number of pages18
    JournalFeminist Legal Studies
    Volume8
    Issue number1
    DOIs
    Publication statusPublished - 2000

      Fingerprint

    Keywords

    • Contract theory
    • Feminist jurisprudence
    • Economics
    • Law and economics
    • Decision making
    • Sexually transmitted debt

    Cite this