Jun 20, 2012 | Lead Articles, Number 3, Print Edition, Volume 45
Symposium—Contract as Promise at 30: The Future of Contract Theory Contract as Promise, Charles Fried’s modern classic, argues that contract law has a “moral basis” in the “promise principle.” It was written, of course, in response to scholars who foresaw the “Death...
Jun 20, 2012 | Lead Articles, Number 3, Print Edition, Volume 45
Symposium—Contract as Promise at 30: The Future of Contract Theory Contract theory has long been preoccupied with the common law. Contracts is taught in the first year of law school along with the other “common law subjects.” The rise of the modern view of contracts...
Jun 20, 2012 | Lead Articles, Number 3, Print Edition, Volume 45
Symposium—Contract as Promise at 30: The Future of Contract Theory Pluralism is on the agenda of contract theory. Maybe pluralism is a budding movement, the next big thing; maybe it is just a rehashing of pragmatic muddling through that either shuns or doesn’t deserve...
Jun 20, 2012 | Lead Articles, Number 3, Print Edition, Volume 45
Symposium—Contract as Promise at 30: The Future of Contract Theory This essay was part of a symposium on the thirtieth anniversary of the publication of Charles Fried’s Contract as Promise and revisits Fried’s theory in light of two developments in the private-law...
Jun 20, 2012 | Lead Articles, Number 3, Print Edition, Volume 45
Symposium—Contract as Promise at 30: The Future of Contract Theory At the time Contract as Promise was written, there were two views of the subject in the field: a traditional, doctrinal and not particularly theorized view that saw contract as the law’s way of...
Apr 6, 2012 | Notes, Number 2, Print Edition, Volume 45
As divorce rates in the United States continue to skyrocket, couples keep searching for new ways to protect their relationships and their wallets. Thanks to the contractual nature of the marital relationship, the wary fiancé or exhausted spouse may dictate certain...
