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Class 9: Thursday 2/27 - Is the Social Present in the Contractual Core?
Reading(s): Franz Wieacker, The History of Private Law in Europe with Special Reference to Germany Duncan Kennedy, The Political Significance of the Structure of the Law School Curriculum, 14 Seton Hall L. Rev. 1 (1983) [OPTIONAL] Walter Gellhorn replies (sharply) to Kennedy Charles Fried, Contract as Promise (Harvard 1981) Randy Barnett, A Consent Theory of Contract, 86 Colum.. L. Rev. 269 (1986) (Contract Defenses) Alan Schwartz, Justice and the Law of Contracts: A Case for the Traditional Approach, 9 Harv. J. L.& Pub. Pol’y 107 (1986) Martijn Hesselink, The Socialization of Private Law, from CFR and Social Justice: A Short Study for the European Parliament on the Values Underlying the Draft Common Frame of Reference for European Private Law: What Roles for Fairness and Social Justice? (Sellier 2008), pp. 13-14 Duncan Kennedy, Distributive and Paternalist Motives in Contract and Tort Law with Special Reference to Compulsory Terms and Unequal Bargaining Power, 41 Maryland L. Rev. 563 (1982), Pages 563-77, 590-96 Duncan Kennedy, List of Restrictions on Autonomy in Relationships (1999 unpublished)
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