In his most enlightening book Benson undertakes to give a public justification of contract law, which he distinguishes from a philosophical justification.This essay argues that this opposition is unsound. Benson’s justification is philosophical because it is internal: the justification contract provides for itself. As the justification is internal, the subject of the justification – those who, through it, understand the authority of contract – is the subject of what is justified: the subject of contract. This is the true public of the justification of contract law. And its justification to that public is nothing other than its philosophical justification. In a second step, the essay sketches how the justification of contract law develops so as to reveal its subject to be a concrete universal: civil society. Since that is understood in its philosophical justification, that, too, does not place the publicity of contract law in opposition to its philosophical understanding.
| Identifer | oai:union.ndltd.org:DRESDEN/oai:qucosa:de:qucosa:92801 |
| Date | 26 July 2024 |
| Creators | Rödl, Sebastian |
| Publisher | De Gruyter |
| Source Sets | Hochschulschriftenserver (HSSS) der SLUB Dresden |
| Language | English |
| Detected Language | English |
| Type | info:eu-repo/semantics/publishedVersion, doc-type:article, info:eu-repo/semantics/article, doc-type:Text |
| Rights | info:eu-repo/semantics/openAccess |
| Relation | 1614-9939, 10.1515/ercl-2021-2025 |
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