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Caught between Scylla and Charybdis

Subtitlelaw & economics as a useful tool for feminist legal theorist
CreatorBush, D.
Magazine TitleAmerican University Journal of Gender, Social Policy & the Law
Volume7
Magazine Year1999
Magazine Number3
Pagesp. 395-430
LanguageEnglish/Engels
Mediumart
DescriptionThis article examines whether Law & Economics can provide a starting point for feminists seeking policy guidance. Specifically, it focuses on unconscionability in contracts. It does so for three reasons. First, while feminists may favor the doctrine of unconscionability because it protects disempowered individuals from the throes of the market, its long term effects may render these individuals worse off than they would be without the doctrine. Second, feminists have not addressed unconscionability or contracts to any great degree, except in the analysis of surrogate motherhood, marriage, and employment. Third, aw & Economics is strongest on those issues most closely related to exchange, and unconscionability applies to exchange transactions.
Thesaurusfeminisme
rechtstheorie
economie
External Linkhttps://wcl.american.edu/journal/genderlaw/07/7-3.cfm
CategoriesArticle/Artikel


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