Abstract

http://ssrn.com/abstract=678761
 
 

Footnotes (508)



 


 



Cardozo and Posner: A Study in Contracts


Lawrence A. Cunningham


George Washington University Law School

January 1995

William & Mary Law Review, Vol. 36, p. 1379

Abstract:     
This article critically evaluates the major judicial opinions on the law of contracts written by Judges Benjamin N. Cardozo and Richard A. Posner. Respectively, these judges are the first and third most influential judges on the subject measured by the frequency with which contemporary contracts casebooks reproduce their opinions. Exploring dozens of classic opinions of these judicial titans, the piece contrasts the philosophies and methods the two judges employ in wrestling with many fundamental challenges in contract law, from formation to performance to damages. The inquiry suggests that, using Isaiah Berlin's nomenclature, Judge Cardozo is the fox of American contract law while Posner is its hedgehog. Judge Cardozo displayed the thickly-textured doctrinalist, an optimizer of competing objectives; Judge Posner is a maximizer. (Accompanying tables report data on the contributions of the 15 most influential judges contributing to contract law.)

Number of Pages in PDF File: 89

Keywords: judicial reputation, contracts casebooks, Allegheny College, Lucy Lady Duff Gordon, DeCicco, Sun Printing, Lake River, Wisconsin Knife, Morin, Selmer, good faith, commercial certainty, intention, freedom of contract, liquidated damages

Accepted Paper Series


Download This Paper

Date posted: March 7, 2005  

Suggested Citation

Cunningham, Lawrence A., Cardozo and Posner: A Study in Contracts (January 1995). William & Mary Law Review, Vol. 36, p. 1379. Available at SSRN: http://ssrn.com/abstract=678761

Contact Information

Lawrence A. Cunningham (Contact Author)
George Washington University Law School ( email )
2000 H Street, N.W.
Washington, DC 20052
United States
202-994-0732 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 5,661
Downloads: 844
Download Rank: 13,823
Footnotes:  508

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.344 seconds