Rediscovering Subjectivity in Contracts: Adhesion and Unconscionability
By Richard L. Barnes, February 8, 2012
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The author’s premise is that the concept of objectivity has made both the adhesion and unconscionability doctrines of convenience helpful in fine- tuning the concept of objectivity in the libertarian model. The article asserts that the purpose of both doctrines is to save the objective theory of contracts from troublesome over breadth. One of its illustrations discusses the role of arbitration clauses in employment contracts in the Armendariz and Carnival Cruise Lines cases.
