When courts step in to resolve disputes between private parties, what impact do these decisions have on managing market distribution and economic inequality? Dr Joseph Spooner argues that the law has a "constitutive role" that directly impacts the way markets function. In this episode, Dr Spooner discusses his findings and analysis from his 2024 article "Contract Law: When the Poor Pay More" with Professor Floris de Witte. Dr Spooner makes the case that private law decisions are, by their nature, part of a "distributive realm," which requires critical engagement with decisions taken by courts. Although law and politics operate differently, the impact that each have on the other may demand a more rigorous analysis of the distributive outcomes of judicial decisions.

Disclaimer: In this episode mention is made of the Johnson v Firstrand England and Wales Court of Appeal decision and the possibility of it being appealed to the Supreme Court. Since the time of recording, the Supreme Court has accepted the appeal and arguments are due to be heard in early April.

This episode was produced by Mohid Malik.

Speakers: Floris de Witte and Joseph Spooner

Website: https://www.lse.ac.uk/law

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