Soru

For decades, the standard narrative among legal historians regarding nineteenth-century Anglo-American contract law has centered firmly on the ideological triumph of "freedom of contract." According to this orthodox historical framework, courts during the Industrial Revolution rigidly adhered to a laissez-faire ideology, enforcing agreements strictly according to their written terms regardless of substantive fairness, equitable considerations, or the severely asymmetrical bargaining power of the contracting parties. This paradigm supposedly reflected an unwavering judicial commitment to market individualism, wherein the state's proper role was conceived merely as a neutral facilitator of private ordering.

In her recent monograph, legal historian Elena Rostova forcefully challenges this entrenched and pervasive narrative. Through an exhaustive examination of relatively obscure trial court records—rather than relying solely on the highly visible appellate decisions that have traditionally formed the basis of contract law historiography—Rostova argues that the nineteenth-century judiciary was, in practice, far more interventionist than previously acknowledged. She documents numerous instances where trial judges creatively manipulated foundational doctrines, such as consideration, mutual mistake, and implied warranties, to rescue vulnerable litigants from blatantly oppressive bargains. For Rostova, the ostensible doctrinal rigidity of nineteenth-century contract law was merely a formalistic veneer that systematically masked a deeply paternalistic jurisprudence actively aimed at achieving substantive equity.

Rostova’s meticulous excavation of these trial records provides an undeniably valuable corrective to a historical orthodoxy that has too long relied on a curated, perhaps skewed, selection of appellate anomalies. Her empirical evidence successfully demonstrates that the grand rhetoric of absolute contractual freedom was frequently compromised, if not entirely subverted, in everyday judicial practice. However, her sweeping conclusion that this trial-level interventionism constituted a coherent, self-conscious paternalistic ideology strains credulity. The mere fact that judges occasionally resorted to doctrinal gymnastics to avoid enforcing unconscionable agreements does not necessarily indicate a systematic, ideologically driven crusade for equity. More plausibly, as contemporary critics of Rostova have suggested, these interventions were ad hoc responses to particularly egregious factual scenarios—localized instances of judicial pragmatism rather than manifestations of a comprehensive egalitarian philosophy. By attempting to replace a monolithic narrative of laissez-faire rigidity with an equally monolithic narrative of paternalistic equity, Rostova risks oversimplifying the complex, often contradictory motivations that animated nineteenth-century jurisprudence. Ultimately, her empirical findings are an indispensable contribution to the field, even if the overarching theoretical superstructure she constructs upon them cannot fully support its own weight.

Which of the following best describes the author's attitude toward Rostova's revisionist interpretation of nineteenth-century contract law?