Abstract

http://ssrn.com/abstract=149845
 
 

Citations (2)



 
 

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Karl Llewellyn and the Origins of Contract Theory


Alan Schwartz


Yale Law School

1999

Jurisprudential Foundations of Corporate and Commercial Law, (Kraus & Walt, Eds.), Cambridge University Press, 1999

Abstract:     
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.

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Date posted: August 24, 1999  

Suggested Citation

Schwartz, Alan, Karl Llewellyn and the Origins of Contract Theory (1999). Jurisprudential Foundations of Corporate and Commercial Law, (Kraus & Walt, Eds.), Cambridge University Press, 1999. Available at SSRN: http://ssrn.com/abstract=149845 or http://dx.doi.org/10.2139/ssrn.149845

Contact Information

Alan Schwartz (Contact Author)
Yale Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
203-432-4030 (Phone)
203-432-8260 (Fax)
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