An Examination of the Principle of Good Faith in Contracts from the Perspective of the Critical Legal Studies Movement

Jalili Azar Khiav, Masoud; Alipanah, Alireza

doi:10.30465/scs.2025.52037.3018

An Examination of the Principle of Good Faith in Contracts from the Perspective of the Critical Legal Studies Movement

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Authors

masoud Jalili Azar khiav ¹

Alireza Alipanah ²

¹ Ph.D. Student in Private Law, Faculty of Law, Shahid Beheshti University, tehran,, Iran

² Assistant Professor, Department of Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

10.30465/scs.2025.52037.3018

Abstract

The principle of good faith has long been regarded as one of the foundational concepts in contract law, playing a key role in ensuring mutual trust and fairness between parties. However, this established position, when viewed through the lens of the sociology of law, may be questioned as a reflection of existing power structures and institutional order. The central issue addressed in this article is the analysis of the concept of good faith from the perspective of the Critical Legal Studies (CLS) movement, which critically examines legal concepts as instruments for maintaining or reproducing dominance. Within this framework, the present research employs a critical analysis of legal texts and theories to explore the social functions of the principle of good faith in the context of legal and class-based relations. From the CLS perspective, this study seeks to demonstrate how traditional legal interpretations of good faith may be indifferent to, or even reinforcing of, social injustice. The theoretical foundation of this research draws on critical legal sociology, particularly the teachings of the CLS movement, to facilitate a re-evaluation of seemingly neutral legal concepts

Keywords

Good faith

critical analysis

contract law

critical legal studies

structures of domination

power relations

Subjects