Chapter 20: Contract as Justice

liberal individualist

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

liberal view

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

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.

traditional techniques

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

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.

The liberal theory says

Enforce the contract

The alternative is a form of paternalism

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