Karl Llewellyn and the Origins of Contract Theory

127 Pages Posted: 24 Aug 1999  

Alan Schwartz

Yale Law School

Multiple version iconThere are 2 versions of this paper

Date Written: 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.

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: https://ssrn.com/abstract=149845 or http://dx.doi.org/10.2139/ssrn.149845

Alan Schwartz (Contact Author)

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
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