Abstract

http://ssrn.com/abstract=2443066
 


 



Of Priors and of Disconnects: How 'Chicago' Premises Risk Distortion


Margaret Jane Radin


University of Michigan Law School; University of Toronto Faculty of Law

May 28, 2014

Harvard Law Review Forum, Vol. 127, p. 259, 2014
U of Michigan Law & Econ Research Paper No. 14-014
U of Michigan Public Law Research Paper No. 414

Abstract:     
This essay is a response to Professor Michelle E. Boardman’s piece, 127 Harv. L. Rev. 1967 (2014), reviewing my book, Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law (Princeton 2013). I argue for the perhaps self-evident proposition that intellectual preconceptions (“priors”) can skew one’s understanding of a text, and in particular, that “Chicago” priors apparently make it difficult to parse critique. In this essay I describe “Chicago” priors, then use examples to argue that these priors led Boardman not only to misinterpret the major thrust of Boilerplate but also to misunderstand many of its details. I suggest that these priors, which are common in contemporary American legal thought, distort and obscure central issues relating to contemporary contract theory and practice.

Number of Pages in PDF File: 15

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Date posted: May 29, 2014 ; Last revised: August 28, 2014

Suggested Citation

Radin, Margaret Jane, Of Priors and of Disconnects: How 'Chicago' Premises Risk Distortion (May 28, 2014). Harvard Law Review Forum, Vol. 127, p. 259, 2014; U of Michigan Law & Econ Research Paper No. 14-014; U of Michigan Public Law Research Paper No. 414. Available at SSRN: http://ssrn.com/abstract=2443066

Contact Information

Margaret Jane Radin (Contact Author)
University of Michigan Law School ( email )
625 South State Street
Ann Arbor, MI 48109-1215
United States
734-763-4861 (Phone)
734-763-9375 (Fax)
University of Toronto Faculty of Law ( email )
78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
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