Peter Benson's “Justice in Transactions: A Theory of Contract Law” is an ambitious book and is likely to become the definite modern statement of the venerable transfer theory of contract. “Justice in Transactions” carefully examines a variety of contract doctrines from formation to...

In The Choice Theory of Contracts, we explain contractual freedom and celebrate contract types. This Issue offers penetrating critiques. Here, we reply by refining choice theory and showing how it fits and shapes the contract canon. I. Freedom. (1) Charles Fried challenges our account of Kantian...

This Essay explores the relationship between normative law and economics and legal theory. We claim that legal theory must account for law's coerciveness, its normativity, and its institutional structure. Economic analyses that engage these features are an integral part of legal theory, rather...

This short essay is my contribution to the third issue of the Revue Européenne du Droit, which will be dedicated to the possible, desirable or misguided, transformation of some fundamental aspects of the functioning of the market economy. It heavily draws on "A Liberal Theory of Property"

Recent large scale transnational transfers of land threaten members of rural communities in the developing world who rely for food and shelter on access to land they lack formal title to. Contrary to some of the conventional wisdom, this Essay argues that liberal property theory provides...