4 found

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  1.  3
    Precontractual Justice.Hanoch Dagan & Avihay Dorfman - 2022 - Legal Theory 28 (2):89-123.
    ABSTRACTThis article develops a theory of just contractual relationships for a liberal society. As a liberal theory, our account is premised on liberalism's canonical commitments to self-determination and substantive equality. As a theory of contract law, it focuses on the parties’ interpersonal interactions rather than on the justice of the social order as a whole.Normatively, the article claims that the rules governing cases where one party experiences harsh circumstances or vulnerability during the bargaining process or operates under significant informational disadvantage (...)
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  2.  13
    Friendship and the Wishes of the Dead.Dale Dorsey - 2022 - Legal Theory 28 (2):124-145.
    ABSTRACTThe wishes of the dead seem to have normative significance. We not only respect last wills and testaments, but we take seriously what the dead loved, what they valued, even after they have long escaped this mortal coil. But this presents a philosophical puzzle. Is this a normatively justified practice? Why should the fact that some dead person preferred state of affairs x to state of affairs y be a reason to bring about x rather than y—especially if there is (...)
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  3.  5
    Ruth G. Millikan's Conventionalism and Law.Marcin Matczak - 2022 - Legal Theory 28 (2):146-178.
    ABSTRACTConventionalism once seemed an attractive way to justify the viability of the positivistic social thesis. Subsequent criticism, however, has significantly lessened its attractiveness. This paper attempts to revive jurisprudential interest in conventionalism by claiming that positivists would profit more from the conventionalism of Ruth G. Millikan than that of David Lewis.Three arguments are proffered to support this contention. First, Millikan's conventionalism is not vulnerable to the major criticism leveled at conventionalism, viz its compliance-dependence, as this is not its defining feature. (...)
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    Consent, Interaction, and the Value of Shared Understanding.Richard Healey - 2022 - Legal Theory 28 (1):35-58.
    Recent years have seen a proliferation of philosophical work on consent. Within this body of work, philosophers often appeal to an account of the interests, values, or functions that underpin the power of consent. By far the most commonly cited value realized by the power of consent is the promotion and protection of the power-holder’s autonomy. This focus on autonomy yields what I call the Gate Opener Model of consent, according to which the central valuable function of consent is to (...)
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