Kronman, el derecho de los contratos y la justicia distributiva

Abstract

In “Contract Law and Distributive Justice”, Anthony Kronman argues that the voluntary basis of contracts should be conceived wholly in terms of a conception of distributive justice. In this essay, my aim is to cast doubt on Kronman´s distributive thesis. Its main problem is that, under Kronman´s distributive thesis, contracts become a mere instrument for the promotion of distributive justice. My claim is that, given the focus on distributive justice, Kronman’s distributive approach cannot explain neither the privity rule nor the central role of consent in contract law.