Capacitas —— Contract Law and the Institutional Preconditions of a Market Economy

----- 市场经济的先决条件：合同法与宪法

ISBN: 9781841139975 出版年：2009 页码：182 Simon Deakin Alain Supiot Bloomsbury Publishing

Capacity may be defined as a status conferred by law for the purpose of empowering persons to participate in the operations of a market economy. This paper argues that because of the confining influence of the classical private law of the nineteenth century, we currently lack a convincing theory of the role of law in enhancing and protecting the substantive contractual capacity of market agents, a notion which resembles the economic concept of 'capability' as developed by Amartya Sen. Re-examining the legal notion of capacity from the perspective of Sen's 'capability approach' is part of a process of understanding the preconditions for a sustainable market order under modern conditions.