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Contract Drafting: A Socratic Manifesto

Scribes Journal of Legal Writing, Vol. 14, pp. 93-119, 2011-2012

27 Pages Posted: 10 May 2013  

Preston M. Torbert

University of Chicago Law School; Peking University School of Transnational Law; Baker & McKenzie

Date Written: July 1, 2010

Abstract

This manifesto is one practitioner's reaction to the concerns raised by Harry Edwards and the Carnegie Report. In the spirit of the Socratic method, it consists of questions only. The major questions posed are: What is the importance of contract drafting? Why has contract drafting been neglected? How can we see current practices in legal education from the perspective of contract drafting? What are the implications of contract drafting for law schools? What are examples of the language questions that a new doctrine of contract drafting might answer? What other resources are there for developing a doctrine of contract drafting? What is the final question?

Keywords: contracts, legal education, contract drafting, legal drafting, ambiguity

Suggested Citation

Torbert, Preston M., Contract Drafting: A Socratic Manifesto (July 1, 2010). Scribes Journal of Legal Writing, Vol. 14, pp. 93-119, 2011-2012 . Available at SSRN: https://ssrn.com/abstract=2206576

Preston Torbert (Contact Author)

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States
(312) 861-8179 (Phone)

Peking University School of Transnational Law ( email )

University Town,
Xili, Nanshan District
Shenzhen, Guangdong 518055
China

Baker & McKenzie ( email )

300 East Randolph Street
Suite 5000
Chicago, IL 60601-6225
United States
(312) 861-8179 (Phone)

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