In this section, I explain Hayek's
contractarian basis for adopting a principle of holistic social justice.
forceful
contractarian language are also cause for concern.
Delaware's
contractarian approach to fiduciary duties will be discussed further.
better substitute contractual terms as envisioned by
contractarianAs Cox began his career, the "
contractarian" revolution in corporate law loomed.
This
contractarian approach to the corporation influences how corporate law is evaluated.
Institutional intermediaries are especially important now that the disintermediated capital market, on which the original
contractarian account is premised, has disappeared.
In sum, either the
contractarian position is viciously circular, or the social contract, needing no meta-state to enforce it, effectively becomes a self-enforcing anomaly.
The
contractarian account of fiduciary law is straightforward.
The analogous
contractarian thinking is here no better at inducing value-enhancing creditor incentives.
(168) This excerpt succinctly captures the heart of a
contractarian's understanding (discussed supra Section II(B)(2)) and struggles with the idea of a unified entity, made up of numerous individuals, expressing a single idea--a concern which the majority implicitly rejected in coming to its conclusion.
Sen questions the Rawlsian
contractarian account of justice, wherein negotiating parties are imagined to be equal, free, and independent.