Kadish Workshop in Law, Philosophy, and Political Theory: Hanoch Dagan, Berkeley Law & Michael Heller, Columbia Law School

Freedom of Contract

Abstract 

Freedom of Contract justifies enforcement of contract law through its role in enhancing individual autonomy defined as self-determination. The book addresses the big questions of contract theory, answers longstanding doctrinal debates in contract law and points the way to justified reforms.

Part 1 of the book – Liberal Contract Theory – is included here. It develops our normative and conceptual framework. Chapter 2 situates law’s commitment to autonomy in broader debates in political philosophy, distinguishes competing approaches, and shows how we justify contract enforcement. Chapter 3 identifies the three core principles that animate liberal contract law – “proactive facilitation,” “regard for the future self,” and “relational justice” – and wraps up by showing how our view on freedom of contract stands in sharp contrast to the prevailing laissez-faire definition.

Freedom of contract, correctly understood, is the right to pursue our voluntary joint plans – facilitated by autonomy-enhancing law that offers an adequate range of normatively attractive contract types; protects our future selves’ ability to re-write core life plans; and ensures relational justice, including a measure of substantive equality.

(Please note that Michael Heller will participate via Zoom only)

About Hanoch Dagan, Berkeley Law:

Hanoch Dagan is the Elizabeth J. Boalt Distinguished Professor of Law and Founding Director of the Berkeley Center for Private Law Theory. Professor Dagan writes and teaches primarily in the areas of private law theory, contracts, property, and legal theory. His latest books are A Liberal Theory of Property (Cambridge University Press, 2021) and Relational Justice: A Theory of Private Law (Oxford University Press, 2024; with Avihay Dorfman).

About Michael Heller, Columbia Law School:

Michael Heller is the Lawrence A. Wien Professor of Real Estate Law and Vice Dean for Academic Affairs at Columbia Law School. He writes and teaches primarily in areas of private law theory, property, contracts, and land use. His latest books are Mine! How the Hidden Rules of Ownership Control Our Lives (Doubleday, 2021, with James Salzman) and The Choice Theory of Contracts (Cambridge University Press, 2017, with Hanoch Dagan).

About the workshop:

A workshop for presenting and discussing work in progress in moral, political, and legal theory. The central aim is to provide an opportunity for students to engage with philosophers, political theorists, and legal scholars working on normative questions. Another aim is to bring together people from different disciplines who have strong normative interests or who speak to issues of potential interest to philosophers and political theorists.

The theme for Spring 2025 is “Critics of Liberalism,” and we will host scholars working in Philosophy, Law, History, and Political Science. Our underlying concern will be the normative critiques of substantive liberal ideas from both the left and right, as well as staunch defenders of liberalism.

This semester the workshop is co-taught by Joshua Cohen and Desmond Jagmohan.