Against Parochialism in Contract Theory: A Response to Brian Bix

Abstract

In a recent article, Brian Bix has raised some important concerns about general and universal theories of contract law. Particularly, he has claimed that differences within doctrinal areas like contract law, and across different jurisdictions, undermine the plausibility of general and universal theories, which might end up being descriptively inaccurate, and even legitimizing unjust practices. This article is a partial response to Professor Bix’s insights, and argues why, despite his legitimate concerns, universal theories of contract law are plausible—and preferable over local theories.