Skip to main content
Article thumbnail
Location of Repository

Macneil, Macaulay, and the Discovery of Power and Solidarity in Contract Law

By Robert W. Gordon

Abstract

Professor Gordon\u27s Comment focuses on the substantial departures of Stewart Macaulay and Ian Macneil from the conventions of traditional contracts scholarship. He argues that the Macaulay-Macneil perspectives, different though they are, have challenged mainstream scholars in three ways: (I) in emphasizing continuing relations within a community rather than discrete transactions between autonomous individuals; (2) in recognizing the pervasiveness of coercion and dependence in nominally free marketplace relationships; and (3) in demonstrating the practical marginality of the legal rules comprising the core of most conventional scholarship. Professor Gordon concludes by outlining the dramatic changes that would be required in mainstream scholarship were the insights of Macaulay and Macneil to be taken seriously

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1985
OAI identifier: oai:digitalcommons.law.yale.edu:fss_papers-2362
Download PDF:
Sorry, we are unable to provide the full text but you may find it at the following location(s):
  • http://digitalcommons.law.yale... (external link)
  • http://digitalcommons.law.yale... (external link)
  • Suggested articles


    To submit an update or takedown request for this paper, please submit an Update/Correction/Removal Request.