The Question about the Normativity of Contract
Author | : Carlos Berner Zúñiga |
Publisher | : |
Total Pages | : 0 |
Release | : 2022 |
ISBN-10 | : OCLC:1376953747 |
ISBN-13 | : |
Rating | : 4/5 (47 Downloads) |
Download or read book The Question about the Normativity of Contract written by Carlos Berner Zúñiga and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the question about the normative foundation or the moral obligatoriness of contract. Faced with this question, two points of view are presented. The first understands that contract realizes a value itself, the foundations of which derive from the principle of autonomy (intrinsic justification); the second, that the justification of the contract depends on the realization of a social value through it, as some notion of efficiency or material justice (extrinsic justification). The article attempts a defence of the first approach, emphasizing that being a value that unfolds within a shared social practice such as contract, autonomy necessarily coexists with heteronomous or non-contractual rules that, instead of undermining it, make it possible.