Contract Law and Economics: Cycles and Equilibrium in the Cannon of North American Legal Though
The dynamics of law and economics in the cannon of American legal thought was initially characterized by a denial of the independence of contract law, tailored by judicial decisions and the realist revolution. This paper shows that this denial begets the rebirth of contract law based on policy do...
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| Format: | Article |
| Language: | English |
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Pontificia Universidad Javierana
2009
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3628008 |
| Source: | Revista de la Maestria en Derecho Económico, ISSN 1692-3103, Nº. 5, 2009, pags. 115-129 |
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| Summary: |
The dynamics of law and economics in the cannon of American legal thought was
initially characterized by a denial of the independence of contract law, tailored by
judicial decisions and the realist revolution. This paper shows that this denial begets the
rebirth of contract law based on policy doctrines that asked for the turn to economics,
by giving a new linguistic framework and foundation to contracts. After such process,
an inconspicuous doctrine of contract law was built by the Critical Legal Studies
(CLS) doctrine. Its effect was not constructive but deconstructive, but purposeless and
proposeless. After the failure of CLS, law and economics consolidated as the actual
base of US contract law |
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