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Full-Text Articles in Law
Response To Reasonable Expectations In Sociocultural Context, David G. Epstein
Response To Reasonable Expectations In Sociocultural Context, David G. Epstein
Law Faculty Publications
The Article starts 6 (and ends)7 with the premise that contract law should enforce the reasonable expectations of the parties. This is a hard premise to challenge.8 And an even harder premise to apply.9 The Article recognizes the two problems with applying this premise: (1) how does a court decide what expectations are “reasonable,”10 and (2) what does a court do when the contracting parties have different reasonable expectations.11 The Article then uses two cases to illustrate how “sociocultural dissonance between a judge and contracting party”12 exacerbates these problems.
Narrative And The Origins Of Law, Allison Anna Tait, Luke P. Norris
Narrative And The Origins Of Law, Allison Anna Tait, Luke P. Norris
Law Faculty Publications
In order to understand these distinct narratives of legal origin through the tools of narratology, we will proceed in several steps. First, we will define more precisely the set of social contract theories that we consider. We will discuss our decision to narrow the focus down to two social contract theorists in particular, one contemporary and one classical, John Rawls and Jean-Jacques Rousseau. These two theorists seem worlds apart in many respects—yet the tools of narratology will enable us to see their shared enterprise. Second, the tools of narratology will help us to identify and discuss the component parts that …