Replies

To: OrthodoxPresbyterian; Right Wing Professor; P-Marlowe

Surely you must agree that -- in order for a Voluntary, Non-Totalitarian Civil Society to exist -- Private Contracts MUST be Sacrosanct, and Breach-of-Contract MUST be Against the Law.

I don't. Contracts need to be, as they are, subject to the rules of the state. Unconscionable contracts must be voidable simply because not all contracts are entered into after arms-length negotiations. Breach of contract must be a serious issue, for which you must have a darn good reason.

2,373 posted on 03/02/2006 11:29:08 AM PST by jude24 ("Thy law is written on the hearts of men, which iniquity itself effaces not." - St. Augustine)

I don't. Contracts need to be, as they are, subject to the rules of the state.

Actually, Contract is Antecedent and Predent to the State.

(Please advance a Theory of Governance which does not recognize the Theory of Contract as Antecedent).

Unconscionable contracts must be voidable simply because not all contracts are entered into after arms-length negotiations.

If you're referring to "youths", "incompetents", "invalids", and etc., you're arguing Hard Cases against Principle. Hard Cases make Bad Law.

Start at the Beginning. (Please advance a Theory of Governance which does not recognize the Theory of Contract as Antecedent)

Best, OP

2,375 posted on 03/02/2006 11:34:43 AM PST by OrthodoxPresbyterian (`We are Unworthy Servants; We have only done Our Duty - Luke 17:10)

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