Abstract
| Original language | English |
|---|---|
| Pages (from-to) | 199-221 |
| Number of pages | 23 |
| Journal | Journal of Contract Law |
| Volume | 22 |
| Issue number | 3 |
| Publication status | Published - Nov 2006 |
| Externally published | Yes |
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The rise of legal pragmatism in English contract law. / Barron, Alan.
In: Journal of Contract Law, Vol. 22, No. 3, 11.2006, p. 199-221.Research output: Contribution to journal › Article
TY - JOUR
T1 - The rise of legal pragmatism in English contract law
AU - Barron, Alan
PY - 2006/11
Y1 - 2006/11
N2 - Writing extra-judicially in an article published in 1996 Lord Steyn asked whether legal formalism held sway in English law.1 Although he considered this question from a broad perspective, looking at a number of areas of law, he also considered the question in relation to the law of contract. Drawing on his Lordship’s comments, both judicial and extra-judicial, this article seeks to demonstrate a clear change in judicial approaches to decision-making which signals a move away from formalistic interpretative techniques towards an approach very much akin to the legal pragmatism developed by Judge Richard Posner in the United States. However, the limits to the development of that approach will be demonstrated with reference to a comparison between judicial and academic conceptions of reasonable expectations in contract.
AB - Writing extra-judicially in an article published in 1996 Lord Steyn asked whether legal formalism held sway in English law.1 Although he considered this question from a broad perspective, looking at a number of areas of law, he also considered the question in relation to the law of contract. Drawing on his Lordship’s comments, both judicial and extra-judicial, this article seeks to demonstrate a clear change in judicial approaches to decision-making which signals a move away from formalistic interpretative techniques towards an approach very much akin to the legal pragmatism developed by Judge Richard Posner in the United States. However, the limits to the development of that approach will be demonstrated with reference to a comparison between judicial and academic conceptions of reasonable expectations in contract.
M3 - Article
VL - 22
SP - 199
EP - 221
JO - Journal of Contract Law
JF - Journal of Contract Law
SN - 1030-7230
IS - 3
ER -