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Revisiting the Contracts Scholarship of Stewart Macaulay

On the Empirical and the Lyrical

Editor(s): Jean Braucher, John Kidwell, William C. Whitford
Media of Revisiting the Contracts Scholarship of Stewart Macaulay
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Published: 14-01-2013
Format: PDF eBook (?)
Edition: 1st
Extent: 466
ISBN: 9781782250609
Imprint: Hart Publishing
Series: International Studies in the Theory of Private Law
RRP: £81.00
Online price : £72.90
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About Revisiting the Contracts Scholarship of Stewart Macaulay

This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay's foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices.

The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay's work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay's most cited paper, 'Non-Contractual Relations in Business', and excerpts from two other important papers of his, 'Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards', and 'The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules'.

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

Reviews

“... 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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