Law 531 - Philosophy of Contract Law

Erik Encarnacion

Erik Encarnacion

Law & Philosophy Fellow
A.B. Princeton University
J.D. Columbia University School of Law
Ph.D. University of Southern California
Course Description:

This course introduces students to philosophical questions that arise when trying to explain and justify the laws that empower individuals to make legally enforceable contracts, as well as the laws that curtail those powers. Specific topics will include: the question of the conceptual relationship between promises and contracts, the justificatory relationship between promissory morality and the law of contracts, paternalistic limitations on the power to contract, the challenge that boilerplate agreements present to orthodox justifications for contract law, and the tensions between bankruptcy protection and contractual obligations.