The question “Is it morally wrong?” only makes sense if you subscribe to moral realism. And since different moral realists cling to different sets of morals, they would hardly agree. A better question would be “what are the short-term and long-term consequences of such a contract being enforceable?” and this one can be (partially) answered by analyzing the historical data for various countries.
I think I can see your point, but I will expand a bit to transmit whether I indeed do. You argue that this matter would make sense only if moral realism were applied to it—because otherwise the answer may be relative and thus produce no practical explanation?
Now, about your suggestion, I thought about it beforehand. But I don’t see how one can measure that (long-term) in the countries where such a contract is currently not enforceable. And, short-term, I think the answer is self-evident. Indeed, you said “partially”—but I don’t think one can even partially analyze that, but only offer some mere predictions, like Posner did. But, maybe I am not creative enough when it comes to how I should analyze the data to provide meaningful answers to your question. You can check the data for India, where such a contract is already enforceable. And you can see the consequences.
The question “Is it morally wrong?” only makes sense if you subscribe to moral realism. And since different moral realists cling to different sets of morals, they would hardly agree. A better question would be “what are the short-term and long-term consequences of such a contract being enforceable?” and this one can be (partially) answered by analyzing the historical data for various countries.
I think I can see your point, but I will expand a bit to transmit whether I indeed do. You argue that this matter would make sense only if moral realism were applied to it—because otherwise the answer may be relative and thus produce no practical explanation?
Now, about your suggestion, I thought about it beforehand. But I don’t see how one can measure that (long-term) in the countries where such a contract is currently not enforceable. And, short-term, I think the answer is self-evident. Indeed, you said “partially”—but I don’t think one can even partially analyze that, but only offer some mere predictions, like Posner did. But, maybe I am not creative enough when it comes to how I should analyze the data to provide meaningful answers to your question. You can check the data for India, where such a contract is already enforceable. And you can see the consequences.