Revisiting the Contracts Scholarship of Stewart Macaulay
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Revisiting the Contracts Scholarship of Stewart Macaulay: On the Empirical and the Lyrical(International Studies in the Theory of Private Law)

Revisiting the Contracts Scholarship of Stewart Macaulay: On the Empirical and the Lyrical(International Studies in the Theory of Private Law)


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About the Book

Table of Contents:
'Non-Contractual Relations in Business – A Preliminary Study' (1963) 28 Am Soc Rev 1 Stewart Macaulay Excerpts from 'Private Legislation and the Duty To Read – Business Run by IBM Machine, the Law of Contracts and Credit Cards' (1966) 19 Vanderbilt L Rev 1051 Stewart Macaulay Excerpts from 'The Real Deal and the Paper Deal': Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules' (2003) 66 Modern L Rev 44 Stewart Macaulay Part I. Relational Contracts and Theory 1. Is the World of Contracting Relations One of Spontaneous Order or Pervasive State Action? Stewart Macaulay Scrambles the Public–Private Distinction Robert W Gordon 2. Empiricism's Crucial Question and the Transformation of the Legal System Edward Rubin 3. The Promise and the Peril of Relational Contract Theory Robert E Scott 4. Ambition and Humility in Contract Law Jay M Feinman Part II. Contractual Relations Between Businesses: Law and Behaviour 5. What Do We Mean By the Non-Use of Contract? David Campbell 6. Conflict and Collaboration in Business Organisation: A Preliminary Study Li-Wen Lin and Josh Whitford 7. What Mistakes Do Lawyers Make in Complex Business Contracts, And What Can and Should be Done About Them? Some Preliminary Thoughts. Claire A Hill 8. The Role of Contract: Stewart Macaulay's Lessons from Practice Brian H Bix Part III. Contractual Relations with Individuals: Law and Behaviour 9. What is the Relational Theory of Consumer Form Contract? Ethan J Leib 10. Acquiring Children Contractually: Relational Contracts at Work at Home Carol Sanger 11. Is There a 'Duty to Read'? Charles L Knapp Part IV. Relational Critiques of Contract Doctrine 12. Restitution Without Context: An Examination of the Losing Contract Problem in the Restatement (Third) of Restitution William J Woodward Jr 13. Contract in a Pre-Realist World: Professor Macaulay, Lord Hoffmann and the Rise of Context in the English Law of Contract John Wightman 14. The Deregulatory Effects of Seventh Circuit Jurisprudence Deborah Waire Post 15. Doctrines of Last Resort D Gordon Smith

About the Author :
Jean Braucher is Roger C Henderson Professor of Law at the University of Arizona. John Kidwell was, until his death in 2012, Emeritus Professor of Law at the University of Wisconsin-Madison. William C Whitford is Emeritus Professor of Law at the University of Wisconsin-Madison.

Review :
... a highly recommendable text. The essays commenting on Macaulay's work go beyond simple reviews. They often present novel, insightful, and sometimes challenging perspectives on the subject that fifty years ago, Macaulay began unpacking. Together these essays capture the arc of not only Macaulay's scholarship, but also the intellectual tradition that preceded his work and advances that have been built upon it. -- Richard R. W. Brooks Wisconsin Law Review, Volume 2013, Issue 6 This new book, offering a multi-authored retrospective of Macaulay's work...offers a useful opportunity to those less familiar with Macaulay to assess the relevance and importance of his scholarship to modern contract law; those already familiar with Macaulay's writing will appreciate the detailed critique of his scholarship contained within the work. ...this is an excellent collection of essays on the scholarship of a leading figure in US contract law...for anyone wishing either an introduction to relational contract theory or a thorough examination of both its present state and its potential for developing specific areas of contract law, this is an excellent place to look. -- Martin Hogg The Edinburgh Law Review, Volume 17 ... a highly recommendable text. The essays commenting on Macaulay's work go beyond simple reviews. They often present novel, insightful, and sometimes challenging perspectives on the subject that fifty years ago, Macaulay began unpacking. Together these essays capture the arc of not only Macaulay's scholarship, but also the intellectual tradition that preceded his work and advances that have been built upon it. -- Richard R. W. Brooks Wisconsin Law Review, Volume 2013, Issue 6 This new book, offering a multi-authored retrospective of Macaulay's work...offers a useful opportunity to those less familiar with Macaulay to assess the relevance and importance of his scholarship to modern contract law; those already familiar with Macaulay's writing will appreciate the detailed critique of his scholarship contained within the work. ...this is an excellent collection of essays on the scholarship of a leading figure in US contract law...for anyone wishing either an introduction to relational contract theory or a thorough examination of both its present state and its potential for developing specific areas of contract law, this is an excellent place to look. -- Martin Hogg The Edinburgh Law Review, Volume 17


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Product Details
  • ISBN-13: 9781782250616
  • Publisher: Bloomsbury Publishing PLC
  • Binding: Digital (delivered electronically)
  • No of Pages: 466
  • Sub Title: On the Empirical and the Lyrical
  • ISBN-10: 1782250611
  • Publisher Date: 14 Jan 2013
  • Language: English
  • Series Title: International Studies in the Theory of Private Law


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