Document Type
Article
Publication Title
Canadian Journal of Law and Jurisprudence
Abstract
This is a response to Seana Shiffrin's recent and important contribution to the continuing debate whether there is a universal moral or economic truth at the heart of contract law. Her most significant advance toward a general theory of promise and contract is not, however, her analysis of the divergence of morality and contract, but instead her identification of the critical moment at which the interposition of the public in a private matter occurs or is contemplated. This essay carries that theme forward, suggesting that a universal justification for contract law is not possible because the law, by its very nature, objectifies (publicly or with that implicit threat) what was heretofore a private relationship.
First Page
399
Last Page
410
Publication Date
2008
Recommended Citation
Jeffrey M. Lipshaw, Objectivity and Subjectivity in Contract Law: A Copernican Response to Professor Shiffrin, 21 Canadian Journal of Law and Jurisprudence (2008).
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License