Neutrality, Autonomy, and Freedom of Contract

Oxford Journal of Legal Studies 21 (3):473-494 (2001)
The article examines the popular notion that liberalism, or liberal theory of contract, is committed to a particularly rigid conception of the freedom of contract. The article argues that this notion is mistaken, and seeks to identify its roots in certain misconceptions of modern liberalism and its implications, and in a certain misunderstanding concerning the nature of contract. Neutral political concern, the value of personal autonomy, and finally the belief that contracts are identical to promises in terms of their significance for personal autonomy, are analysed and rejected as bases for the association of liberalism with commitment to a minimally limited freedom of contract. Instead, it is shown that such considerations are compatible with, and in some cases directly recommend, various forms of intervention in the freedom of contract, and an active role for the state in shaping and regulating contractual activity
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1093/ojls/21.3.473
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 15,974
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

38 ( #86,277 of 1,725,806 )

Recent downloads (6 months)

1 ( #348,716 of 1,725,806 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.