Cohabitation Contracts and the Democratization of Personal Relations

Feminist opposition to the use of cohabitationcontracts for the private regulation of personalrelations has been predicated on the classical readingof contract as commerce. On this reading,cohabitation contracts construct cohabitants'obligations as commercial and typically detrimental towomen because of their weaker bargaining power. Butthe premisses of classical contract theory are beingundermined by radical critiques which emphasize theimportance of relationality in the reading ofcontract. On such critiques, the obligationsconstructed by cohabitation contracts need no longerexclude considerations of the parties' differentfinancial status and social circumstances. Theconstruction of cohabitants' obligations canaccordingly foreground fairness and equality, both indrafting and in enforcing cohabitation contracts. Inthis way, the conceptualization of contract asrelationality encourages the use of cohabitationcontracts as progressive mechanisms for thedemocratization of personal relations.