Karl Llewellyn and the Origins of Contract Theory
Yale Law School
Jurisprudential Foundations of Corporate and Commercial Law, (Kraus & Walt, Eds.), Cambridge University Press, 1999
Karl Llewellyn was America's leading legal realist, academic law reformer, and Sales Law theorist. Though extensive analyses exist of Llewellyn's performance in the first two of Llewellyn's roles exist, no studies use his original work to evaluate his performance in the third role. Citation analysis reveals that many of the ideas in these articles retain value today, but modern scholars commonly infer his views on contract theory from more recent sources. This essay is predicated on the notion that Llewellyn's theory is best recovered from the articles that originally set it out rather then from later partial references by Llewellyn or from UCC drafts that commonly reflected both the work of the author and what it was politically acceptable to say.
Number of Pages in PDF File: 127Accepted Paper Series
Date posted: August 24, 1999
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