Is contract law liberal? On autonomy and exchange

Autonomy theories of contract are influential and have many attractions, not least their compatibility with liberal ideals. However, such theories cannot account for basic features of the common law of contract, in particular: the role of established transaction types, the doctrine of consideration, and the phenomenon of contractual obligation. An exchange theory of contract can account for those features of the law. This theory’s liberal credentials can be established by connecting it to an alternative intellectual strand in the liberal tradition, sometimes known as commercial liberalism.

Publication Details

Journal
London School of Economics and Political Science Research Online (London School of Economics and Political Science)
Published
2025-12-11
Primary Topic
European and International Contract Law
Type
article
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article

Is contract law liberal? On autonomy and exchange

London School of Economics and Political Science Research Online (London School of Economics and Political Science)
European and International Contract Law
article

Is contract law liberal? On autonomy and exchange

article en

Abstract

Autonomy theories of contract are influential and have many attractions, not least their compatibility with liberal ideals. However, such theories cannot account for basic features of the common law of contract, in particular: the role of established transaction types, the doctrine of consideration, and the phenomenon of contractual obligation. An exchange theory of contract can account for those features of the law. This theory’s liberal credentials can be established by connecting it to an alternative intellectual strand in the liberal tradition, sometimes known as commercial liberalism.

London School of Economics and Political Science Research Online (London School of Economics and Political Science)
Peace, Justice and strong institutions
Openalex Percentile: Top 35%
European and International Contract Law
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Is contract law liberal? On autonomy and exchange · London School of Economics and Political Science Research Online (London School of Economics and Political Science) (2025) | TGRS Research Map | TGRS