Document Type

Article

Comments

A Bargaining Theory Approach to Default and Disclosure Provisions in Contract Law (with Douglas D. Heckathorn and Steven Maser), 12 Harvard Journal Law & Public Policy 637 (1989)

Abstract

Legal rules facilitate as well as constrain human freedom. H.L.A. Hart captures the difference between these two functions of law by distinguishing between primary and secondary rules. Primary rules impose obligations and thereby constrain behavior. Secondary rules empower individuals to create relations that confer rights and impose duties. Thus, the criminal law constrains individual liberty; the law of contracts enhances it.

Date of Authorship for this Version

1989

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Law Commons

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