Courts refused to enforce contracts opposed to public policy regardless of criminality

Evidence

“From early tmes Anglo-American courts have refused to enforce illegal contracts, that is, those that are ‘opposed to public policy.’ As a rule, no substantial distinctions were made by the courts among situations where the contract bore an element of criminality, where the contract might nrove to be a step in the commission of the crime (either by way of making its commission nossible or by way of enjoying its fruits), and where the contract was merely shocking to the sense of justice and of the fitness of things. In each instance the judges, as representing the community conscience, declared that such contracts should not be executed with the court’s assistance, because to a-sist in their enforcement would be to encourage conduct wh-ich was inimlicel to the public welfare. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1380

Categorization

• XREF: connects to: Courts should consult legislative policy signals even outside the jurisdiction to void contracts — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1400

Broader Connections

• Courts should consult legislative policy signals even outside the jurisdiction to void contracts #corroborates (0.72) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1400