Scholars of Contract Law

Dr James Goudkamp, Donal Nolan

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Hardback

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English

Hart Publishing
01 December 2022

Private & Civil law: general works; Contract law

This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law.

In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes.

The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

Edited by: Dr James Goudkamp, Donal Nolan
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781509938469
ISBN 10: 150993846X
Pages: 440
Publication Date: 01 December 2022
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Preface v Contributors ix Table of Cases xi Table of Legislation xvii 1. Scholars of Contract Law: Individuals and Themes - 1 James Goudkamp and Donal Nolan 2. Sir Jeffrey Gilbert (1674–1726) - 47 Michael Lobban 3. Henry Thomas Colebrooke (1765–1837) - 75 Joanna McCunn 4. Stephen Martin Leake (1826–1893) - 105 Catharine MacMillan 5. Professor Sir William Anson (1843–1914) - 129 Robert Stevens 6. Professor Sir Frederick Pollock (1845–1937) - 149 James Gordley 7. Professor Samuel Williston (1861–1963) - 175 Todd D Rakoff 8. Professor Arthur Linton Corbin (1874–1967) - 201 Gregory Klass 9. Professor Geoffrey Cheshire (1886–1978) and Cecil Fifoot (1899–1975) - 229 Warren Swain 10. Professor Friedrich Kessler (1901–1998) - 253 Hugh Collins 11. Professor Sir Guenter Treitel (1928–2019) - 277 Andrew Burrows 12. Professor Ian Roderick Macneil (1929–2010) - 295 Jonathan Morgan 13. Professor Brian Coote (1929–2019) - 331 Stephen Waddams viii Contents 14. Professor Patrick Atiyah (1931–2018) - 351 James Goudkamp 15. Afterword: Understanding Contracts – A Realist Perspective - 379 William Twining Index - 407

Donal Nolan is Professor of Private Law at the University of Oxford, and a Fellow of Worcester College, Oxford, UK. James Goudkamp is Professor of the Law of Obligations at the University of Oxford, and a Fellow of Keble College, Oxford. He is also a practising barrister at 7 King's Bench Walk Chambers, London, UK.