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Minimum Contract Justice: A Capabilities Perspective on Sweatshops and Consumer Contracts

Minimum Contract Justice: A Capabilities Perspective on Sweatshops and Consumer Contracts

Author: Dr Lyn K L Tjon Soei Len
Publisher: Hart Publishing
ISBN: 9781782257097
Published In: May 2017
Format: Hardback , 176 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The collapse of the Rana Plaza in Bangladesh (2013) is one of many cases to invoke critical scrutiny and moral outrage regarding the conditions under which consumer goods sold on our markets are produced elsewhere.

In spite of abiding moral concerns, these goods remain popular and consumers continue to buy them. Such transactionsfor goods made under deplorable production conditions are usually presumed to count as ‘normal’ market transactions, i.e. transactions that are recognized as valid consumer-contracts under the rules of contract law.

Minimum Contract Justice challenges this presumption of normality. It explores the question of how theories of justice bear on such consumer contracts; how should a society treat a transaction for a good made under deplorable conditions elsewhere?

Minimum Contract Justice defends the position that a society that strives to be minimally just should not lend its power to enforce, support, or encourage transactions that are incompatible with the ability of others elsewhere to live decent human lives.

As such, the book introduces a new perspective on the legal debate concerning deplorable production conditions that has settled around ideas of corporate responsibility, and the pursuit of international labour rights.

1. Minimum Contract Justice: Context and Outline

I. The Questions in a Broader Context

II. Tracing Developments in European Contract Law

III. Market Conduct in Europe in a Global Setting

IV. Outline

2. Minimum Contract Justice: A Capabilities Approach

I. The Development of the Capabilities Concept and Capabilities Perspectives on Justice

II. A Capabilities Based Approach to Minimum Justice

III. Contract Law and the Responsibility Bearing Structure of Society

3. Sweatshops and Consumer Contracts

I. Sweatshops

II. Context: Sweatshops in the Garment Industry