The Wars of Jurisprudence

Description

The author explores the concept of justice traceable to Plato and Aristotle and then to Kant’s categorical imperatives before settling on Rawlsian “justice as fairness” in support of the definition and advocacy of contractual justice. He tackles headlong the principles of economic and contractual freedom laid down by Adam Smith, Hayek and Nozick. The author critically examines the doctrines of consent, coercion and voluntariness while unconscionability and economic duress are argued as primary factors to invoke contractual justice. The author proposes several substantive amendments to the Contracts Act 1950 in order to facilitate judicial dispensing of contractual justice.