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  • 5 - Contracts for Dignity

  • from II - What Legal Design Can Do
  • Edited by Miso Kim, Northeastern University, Boston, Dan Jackson, Northeastern University, Boston, Jules Rochielle Sievert, Northeastern University, Boston
  • Book:
    Legal Design
    Published online:
    19 December 2024
    Print publication:
    19 December 2024, pp 74-89

  • Summary

    This chapter advocates for dignity to be the purpose, the lodestar, of contracting. By considering contracts through the lens of dignity, lawyers and designers can help prevent injustice and the indignity of people’s encounters with contracts that are not designed to be understood. Designing contracts for dignity is about enhancing the capacity and capability of the weaker, subordinate, or vulnerable party to autonomously understand their rights and obligations. Autonomy is an essential element common to both contracts and dignity. By enhancing the autonomy of vulnerable parties, the dignity of those vulnerable people is better served, and the assumptions that underpin the law of contracting are validated.