Feminist Legal Studies

, Volume 8, Issue 1, pp 29–46

A Feminist Perspective on Contract Theories from Law and Economics

Authors

  • Alice Belcher
    • Department of LawUniversity of Dundee
Case Law Studies

DOI: 10.1023/A:1009259224436

Cite this article as:
Belcher, A. Feminist Legal Studies (2000) 8: 29. doi:10.1023/A:1009259224436

Abstract

This article offers a feminist perspective on contract theories in law,economics and law-and-economics. It identifies masculine traits presentcontract theories in all three disciplines. It then describes andassesses some developments that appear to be ‘feminising’: Therecognition of the importance of social norms in contract theory andtheories of contract as relationship. The article's main claim is that amasculine model of decision-making persists even within the less overtlymasculine models of contract. The problem of sexually transmitted debtresulting from a surety contract is analysed in detail as a specificexample supporting the article's general argument. The article concludesthat the way forward is to be found in a recognition of other ways ofmaking decisions.

contract theory feminist law economics law-and-economics decision-making sexually transmitted debt

Copyright information

© Kluwer Academic Publishers 2000