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The Richness of Contract Law

An Analysis and Critique of Contemporary Theories of Contract Law

  • Book
  • © 1997

Overview

Authors:
  1. Robert A. Hillman

    1. Cornell Law School, New York, USA

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Part of the book series: Law and Philosophy Library (LAPS, volume 28)

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Table of contents (9 chapters)

  1. Front Matter

    Pages i-xiv
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  2. Introduction

    • Robert A. Hillman
    Pages 1-6

  3. Theories of Contract: Promise and Non-Promissory Principles

    • Robert A. Hillman
    Pages 7-41

  4. Theories of Promissory Estoppel: Reliance and Promise

    • Robert A. Hillman
    Pages 43-77

  5. Theories of Contractarians and their Critics: Marriages and Corporations

    • Robert A. Hillman
    Pages 79-124

  6. Theories of Contextualists and Neo-Formalists

    • Robert A. Hillman
    Pages 125-171

  7. “Mainstream” Contract Theories and Critical Legal Studies

    • Robert A. Hillman
    Pages 173-211

  8. Theories of Economic Analysts of Contract Law and their Critics

    • Robert A. Hillman
    Pages 213-239

  9. Theories of Empiricists and Relationalists

    • Robert A. Hillman
    Pages 241-266

  10. Modern Contract Law and the Limits of Contract Theory

    • Robert A. Hillman
    Pages 267-274

  11. Back Matter

    Pages 275-281
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Keywords

About this book

Scholars have produced a wide variety of theoretical work on contract law. This is the first book to compile it, to present it coherently, to evaluate it, and to supply numerous references to additional sources. The author also offers his own practical perspective that emphasizes contract law's richness and complexity and questions the utility of abstract unitary theories. The author argues that, notwithstanding contract law's complexity, it successfully facilitates the formation and enforcement of private arrangements and ensures a degree of fairness in the process of exchange. Each chapter presents a pair of largely contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground. Among the contract theories discussed and analyzed are promise, contextual, feminist, formal, mainstream, critical, economic, empirical, and relational. The book should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory.

Authors and Affiliations

  • Cornell Law School, New York, USA

    Robert A. Hillman

Bibliographic Information

  • Book Title: The Richness of Contract Law

  • Book Subtitle: An Analysis and Critique of Contemporary Theories of Contract Law

  • Authors: Robert A. Hillman

  • Series Title: Law and Philosophy Library

  • DOI: https://doi.org/10.1007/978-94-011-5680-6

  • Publisher: Springer Dordrecht

  • eBook Packages: Springer Book Archive

  • Copyright Information: Springer Science+Business Media Dordrecht 1997

  • Hardcover ISBN: 978-0-7923-4336-3Published: 31 December 1996

  • Softcover ISBN: 978-0-7923-5063-7Published: 30 April 1998

  • eBook ISBN: 978-94-011-5680-6Published: 06 December 2012

  • Series ISSN: 1572-4395

  • Series E-ISSN: 2215-0315

  • Edition Number: 1

  • Number of Pages: XIV, 279

  • Topics: Theories of Law, Philosophy of Law, Legal History, Commercial Law, Philosophy of Law

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