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A fair question.

I try not to be dogmatic. Sometimes, bad decisions have externalities that justify forbidding them. I don't think that's the case in this particular instance. To briefly address your other examples-

Minimum wage: in this case, I think the economic factors probably outweigh the freedom-of-contract principle. (I'm on the fence about what the economic factors actually support.)

Age of consent: I think there's a meaningful sense in which children are not "people" for the purpose of entering contracts.

EULAs and non-competes: I haven't spent much time thinking about this. Off the top of my head, I feel like these should be enforceable, but not as currently implemented. Like, suppose before I let you buy my software I get you to mail in a signed form saying that you have read the EULA and agree to its terms. Then I think I should be able to enforce the EULA against you.




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