Book Review: Foundations of Contract Law
| Date | 01 March 1996 |
| DOI | 10.1177/1023263X9600300109 |
| Author | J.G.J. Rinkes |
| Published date | 01 March 1996 |
| Subject Matter | Book Review |
IBook Reviews
R. Craswell &A. Schwartz (eds.), Foundations
of
Contract Law, Oxford
University Press 1994, 341 pages, paperback, £ 14.95.
1. This book, edited by Richard Craswell and Alan Schwarz, consists of a collection of
texts focusing on economics and moral philosophy in contract law. The editors adopted
three goals in selecting the texts. First, readings were chosen with a bias towards
explicit stands on normative questions of what the law ought to be; excerpts whose only
aim is to describe current patterns in case law have not been included. Secondly, some
work has been included explaining contracting behaviour: readings that help explain why
parties make the contracts they do make. And thirdly, the selection was aimed at texts
that addressed particular legal issues that arise in a first-year course in contract law.
Having said that, the editors have intended the book to be useful to a wider audience,
such as participants in advanced law school seminars. In all, some 56 texts have been
reprinted, with Notes after each subsection. The subdivisions are, to some extent,
modular (self-contained) although cross-references are made. This enables a change in
teaching order, if necessary. The original texts have been edited; some sections have
been deleted, as were footnotes and subheadings (with some regret from the European
perspective: not all original texts are easily retrievable from domestic libraries, if one
were to contemplate further study). Obviously an overview of all readings is beyond the
scope of this review. Many texts deserve specific attention, although quite often the
choice of the reprints could be discussed and many other suggestions could be made.
However, the Notes often contain references to more recent or detailed surveys (see
e.g. pages 135, 199). And, on the whole, one should appreciate that the excerpts pro-
vide a vehicle for discussing basic aspects of contract law. The Notes provide a solid
and consistent basis for further study. The editors do not refrain from entering into
academic discussion when excerpts do not coincide with, for instance, their personal
views on the subject-matter (see e.g. page 114: Schwartz arguing against the views of
Sam Rea with regard to efficiency implications of penalties and liquidated damages). On
the whole, the book reveals a particular approach to the teaching of contract law that
is common to the law schools in the US. An appreciation of legal concepts, normative
questions and basic principles will encourage comparative thinking and promote uni-
formity. 6Similar to US Law Schools, future European Law Schools may very well
decide to adopt an approach to the teaching of law based on general principles common
to various legal systems. To some extent, this will imply that the traditional approach
of teaching (knowing what the rules are) will be replaced by knowing how the law
works. This will no doubt enhance the making
of
the common law of Europe.
2. From the point of view of creating a European Law School, the quest for general
principles common to the legal systems of Western Europe could very well be the best
6. See W. van Gerven, 'Court decisions. general principles and legal concepts: ingredients of a common
law of Europe'. in B. deWille and C. Forder (eds), The
common
lawof
Europe
andthe future oflegal
education.
(K1uwer 1992). 339 at 346.
100 MJ 3 (1996)
To continue reading
Request your trial