C. Scott Pryor (Regent University School of Law) has posted Principled Pluralism and Contract Remedies (McGeorge Law Review, Vol. 40, No. 3, 2009) on SSRN. Here is the abstract:
Contemporary justifications for the expectation measure of contract damages come primarily from two meta-ethical schools: autonomy and utility. Autonomy and utility are incommensurable and thus far efforts to combine or order them have not proven successful. This article presents a unitary justification of autonomy and utility by appealing to a transcendent order. Given the modern pluralistic, secular legal order, I anticipate and address concerns about the legitimacy of my proposed justification.