Against the Spirit of the Age: The Rationale of Relational Contracts.

This article critically examines David Campbell’s relational theory of contracting, which posits mutual recognition as the ethical and social foundation of all volitional contractual obligations. Campbell argues that contracts are legally enforceable expressions of cooperative economic relationships, emphasizing strict adherence to the written terms as the manifestation of mutual consent and market autonomy. The article highlights tensions in Campbell’s theory between literal enforcement of contract terms and the broader ethical and political goals of good-faith interpretation, especially in complex, ongoing transactions exemplified by the Rent-A-Center merger case. It concludes that while Campbell’s framework offers rigorous doctrinal clarity and a robust defense of contract sanctity, it struggles to fully integrate the relational and cooperative dimensions of contracts in their interpretation and performance, suggesting a need to better reconcile strict legalism with the moral imperatives of mutual recognition and good faith.