Unconscionability and Fairness: Comments on Wertheimer

Abstract

Alan Wertheimer's paper on “Unconscionability and Contracts” presents an enlightening discussion of a complex and contentious legal concept. His primary objective is not to contribute to legal scholarship, but to use the law to shed light on the ethics of exchange relationships. Specifically, he wants to “use the doctrine of unconscionability in contracts as a lens through which to get a clearer understanding of exploitation—its essential characteristics and moral force” (p. 480). It is apparent that he sees exploitation (and unconscionability) as closely linked to a more general notion of fairness.