Jean Braucher's Contracts World View

Abstract

Drawing from 14 contracts articles by the late Professor Jean Braucher (which are listed in the Appendix), I restate the structure of her thought about contract law. Subheadings in the article are: (1) The Law in Action; (2) Contracts are Relational, and Doctrinal Law is Marginal; (3) The Social Significance of Contract Doctrine is Largely Symbolic; (4) The Market is Not Perfect: There is Room For Regulation; (5) Government Works, but Not Always; (6) What Kind of Regulation; (7) When Cases Do Get to Appellate Courts, How Should Judges Behave?; (8) A Few Additional Observations.

Keywords: Contracts, Law in Action, Relational Contracts, Regulation

JEL Classification: K12