Chapter 20: Contract as Justice

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9 Terms

1

liberal individualist

Contracts cease being the instrument of the ________ and become the expression of a communal philosophy of reciprocal caring.

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2

liberal view

The ________ is that everyone is responsible for the choices he or she makes.

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3

competitive institution

With the emphasis on trust and reciprocity, the contract is converted from a(n) ________ determining who gets the best deal into a potentially cooperative enterprise.

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4

traditional techniques

There are two ________ for asserting judicial power in order to protect people.

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5

final contract

The ________, whether it is written or spoken, is not the only manner in which the law acknowledges voluntary actions that give rise to commitments a stranger may enforce.

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6

The liberal theory says

Enforce the contract

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7

The alternative is a form of paternalism

The courts will undertake to protect the weak, the needy, and the ill informed

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