The Death Of Contract The Ages Of American Law
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The Death Of Contract The Ages Of American Law
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Author : Grant Gilmore
language : en
Publisher:
Release Date : 1997
The Death Of Contract The Ages Of American Law written by Grant Gilmore and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Contracts categories.
The Death Of Contract Together With The Ages Of American Law Grant Gilmore
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Author :
language : en
Publisher:
Release Date : 1997
The Death Of Contract Together With The Ages Of American Law Grant Gilmore written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Contracts categories.
The Ages Of American Law
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Author : Grant Gilmore
language : en
Publisher: Yale University Press
Release Date : 2015-01-13
The Ages Of American Law written by Grant Gilmore and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-13 with Law categories.
Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."—New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends—given body by broad learning and a keen imagination and spiced with wit."—Willard Hurst
The Death Of Contract
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Author : Grant Gilmore
language : en
Publisher:
Release Date : 1995
The Death Of Contract written by Grant Gilmore and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
The Death of Contract is a masterful commentary on the common law, especially the law of promissory obligation known as contracts. In this slim and lively book, the late Yale law professor Grant Gilmore examines the birth, development, death, and even the resurrection of a body of American law. It is both a modern-day reply to and a funeral oration for an American legal classic-Oliver Wendell Holmes's The Common Law. This new edition, with an instructive and timely foreword by Ronald K. L. Collins, challenges anyone interested in the life of the law to think about where it has come from and where it is tending. As such, The Death of Contract still retains its vitality in the brave new world of the law known as contracts. A new bibliography of early reviews and new responses reveals how considerable the interest was, and continues to be, in this modern anti-classic.
The Death Of Contracts
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Author : Franklin G. Snyder
language : en
Publisher:
Release Date : 2016
The Death Of Contracts written by Franklin G. Snyder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Contract law is dying. Admittedly, given earlier erroneous reports of its demise, including (most prominently) that of Grant Gilmore in 1974, we might evoke memories of the boy who cried “Wolf!” But if we remember that story, the boy did eventually turn out to be right. The wolf eventually showed up. In this paper, written for a law review symposium on “Contract Law in 2025,” we look at contract law and adjudication simply as a technology -- what Jacques Ellul called a “technique” -- that is used by particular societies to solve particular problems at particular times. We do not think that this idea is controversial. While many legal theorists have argued over the years for some sort of deeper status for contract and other forms of private law, Karl Llewellyn and other Legal Realists emphasized the practical connection between contract and business practice, and that idea still largely dominates the field today. In this paper, we look at contract law and adjudication with a very wide lens to examine how the various pieces of interrelated contract technique correspond with the realities of the modern contracting world. The question for us is not whether particular parts of contract law are good or bad, but is the system working? And, more important, is it likely to work in anything like its current form in the world of the future? We examine what we call both the structural and the rule techniques of contract law. The former is the body of judicial institutions and systems that process breach of contract claims, while the latter is the body of what is usually called “doctrine” on which decisions are based. In this sense, the court system is the hardware on which contract law “software” runs. We find that the hardware (the judicial system) is built for a world in which transportation is easy but communication at a distance are hard, where legal costs are low, where decisions are rendered quickly, and where there is little competition in the business of resolving disputes. The software (contract doctrine) is rooted in a world in which it is difficult to tell commercial transactions from other interpersonal relationships; contracts are formed by individual haggling and reflect the unique individual understandings of the two parties; most contracting parties are sloppy and pay little attention to the deals they strike; lawyers are not usually involved in preparing contracts; language used by contracting parties varies sharply from place to place and is often different from that used by the general population; writings are expensive to produce and used rarely; parties do not usually need exactly what they bargained for; courts are the only available public mechanisms for dealing with fraud and unfair practices in transactions; and there are no good tools for making reliable estimates of gains and losses. In other words, as we show, contract technique is designed for a world that looks exactly like the world that developed it, the United States in the period from 1860 to 1960. It bears very little resemblance to the world of today, which is dominated by mass-market standard-form written contracts crafted by skilled lawyers, sophisticated modern contracting practices, globalization, prohibitively expensive and time-consuming litigation processes, and consumers and other contracting parties who are protected by a host of legislative and regulatory tools much better adapted than contract law to root out bad practices. This bad technological fit is a major reason why vast chunks of what used to be contract law (e.g., products liability, consumer law, employment law, insurance law, pension benefit law, etc.) have been carved off for more efficient treatment under other schemes, and why parties at both the high end (global industries) and the low end (individual consumers) of the legal system have been fleeing the courts in increasingly large waves. The changes that have occurred in the world to date, and which have resulted in this mismatch between technology and problems, are only going to accelerate. These processes will make the kind of contract rules embodied in common-law appellate opinions and reflected in the Restatements even less and less relevant. They have already lost much of their utility for the vast mass of contracting done in the U.S. and around the world. The bits that are likely to remain useful -- and even grow more useful in a standardized age -- will increasingly find themselves incorporated as principles in other bodies of law. The detritus that remains will serve not as helpful tools for furthering private ordering, but as hidden perils that will serve mainly to harm the unwary and drive up the costs of litigation.
The Philosophical Origins Of Modern Contract Doctrine
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Author : James Gordley
language : en
Publisher:
Release Date : 1991
The Philosophical Origins Of Modern Contract Doctrine written by James Gordley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Contracts categories.
The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face today. Reassessing the impact of modern philosophy upon contract law, the author concludes that modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in rediscovering the neglected philosophy of Aristotle and Aquinas.
Cases On The American Law Of Contract Classic Reprint
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Author : Reuben Moore Benjamin
language : en
Publisher: Forgotten Books
Release Date : 2017-11-09
Cases On The American Law Of Contract Classic Reprint written by Reuben Moore Benjamin and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-09 with Law categories.
Excerpt from Cases on the American Law of Contract Is contract within the statute merely voidable? By whom can privilege of the statute be made available?. Does the statute apply to contracts performed? About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Principles Of Contract Law And Theory
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Author : Larry D. DiMatteo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-12-11
Principles Of Contract Law And Theory written by Larry D. DiMatteo and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-11 with Law categories.
This informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.
Oliver Wendell Holmes Jr And Legal Logic
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Author : Frederic R. Kellogg
language : en
Publisher: University of Chicago Press
Release Date : 2018-03-16
Oliver Wendell Holmes Jr And Legal Logic written by Frederic R. Kellogg and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-16 with Law categories.
With Oliver Wendell Holmes, Jr. and Legal Logic, Frederic R. Kellogg examines the early diaries, reading, and writings of Justice Oliver Wendell Holmes, Jr. (1841–1935) to assess his contribution to both legal logic and general logical theory. Through discussions with his mentor Chauncey Wright and others, Holmes derived his theory from Francis Bacon’s empiricism, influenced by recent English debates over logic and scientific method, and Holmes’s critical response to John Stuart Mill’s 1843 A System of Logic. Conventional legal logic tends to focus on the role of judges in deciding cases. Holmes recognized input from outside the law—the importance of the social dimension of legal and logical induction: how opposing views of “many minds” may converge. Drawing on analogies from the natural sciences, Holmes came to understand law as an extended process of inquiry into recurring problems. Rather than vagueness or contradiction in the meaning or application of rules, Holmes focused on the relation of novel or unanticipated facts to an underlying and emergent social problem. Where the meaning and extension of legal terms are disputed by opposing views and practices, it is not strictly a legal uncertainty, and it is a mistake to expect that judges alone can immediately resolve the larger issue.
Formalism And Pragmatism In American Law
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Author : Thomas C. Grey
language : en
Publisher: BRILL
Release Date : 2014-09-03
Formalism And Pragmatism In American Law written by Thomas C. Grey and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-03 with Law categories.
In Formalism and Pragmatism in American Law Thomas Grey gives a full account of each of these modes of legal thought, with particular attention to the versions of them promulgated by their influential exponents Christopher Columbus Langdell and Oliver Wendell Holmes, Jr. Grey argues that legal pragmatism as understood by Holmes is the best jurisprudential framework for a modern legal system. He enriches his theoretical account with treatments of central issues in three important areas of law in the United States: constitutional interpretation, property, and torts.