3 ms·

Unenforceable and invalid are not the same thing. https://en.m.wikipedia.org/wiki/Unenforceable https://en.m.wikipedia.org/wiki/Unenforceable More generally,

• marcosdumay 8y ago
  That moral weight is part of the problem. If the State did go through the bother of taking an style of clause apart, pointing into it and saying "look, you can't do this", it's because there is a moral problem with that style. People pushing unenforceable contracts are exerting some immoral power into other people, expecting them to comply due to those others' morality.
  • jessriedel 8y ago
    > If the State did go through the bother of taking an style of clause apart, pointing into it and saying "look, you can't do this", it's because there is a moral problem with that style. It says something about the moral assessments of the people forming the political system (plus something about non-moral political factors), but that doesn't mean that the parties signing the contract don't find the clause moral by their own lights. (And likewise, if you're a moral objectivist, the clause can continue to be moral even as the political system is making a moral mistake.)