This book represents a unique resource about Stewart Macaulay one of the common law world's leading scholars of the law of contract and of the law in action approach to the study of law. Since 1959, he has published over 50 articles in leading journals, a number of working papers, (with colleagues at the University of Wisconsin Law School) a pathbreaking casebook for the teaching of the law of contract, and (with other colleagues) equally pathbreaking collections of materials for the teaching of the law in action or law in context approach to the study of law. In this work Macaulay has established himself as one of the postwar world's leading scholars of the law of contract and of the sociology of law. His work is an absolute reference point in both disciplines, and it has attracted great attention elsewhere, most notably in economic sociology, where his concept of non-contractual economic relationships is regarded as an important theoretical innovation. Macaulay's work has become an object of commentary in its own right, and the proposed book is intended to assist further such commentary by making hitherto difficult to obtain works readily accessible. Most of Macaulay's work is now, when the leading journals are generally available in electronic form, readily accessible to students and researchers in universities. There are, however, a number of interesting and in most cases important works published in less accessible journals or works which were not published in an electronic form, which are difficult to obtain. This book will make them readily available, and in so doing will make it possible in future for scholars to have Macaulay's complete oeuvre readily to hand.
Although Macaulay's work has provoked very considerable discussion, there previously have been no overall accounts of that work as opposed to critical engagements with aspects of it. In this book, two additional essays by leading commentators give accounts of Macaulay's work and provide an introduction to, exegesis of and general evaluation of Macaulay's work as a whole which is not to be found in the existing literature.
David Campbell is one of the UK's leading scholars working on the law of contract, enjoying an international reputation as a principal contributor to the formulation of the relational theory of contract. His case studies of regulation and his analyses of the theory of regulation also have received international recognition. He has taught at a number of British universities and in Australia, Hong Kong, Japan, New Zealand, Spain and the USA and has written on a wide range of legal and social scientific issues in pre-eminent international journals.
Part I Essays on the Work of Stewart Macaulay.- Stewart Macaulay and the Law of Contract.- Law in Reality, Law in Context: On the Work and Influence of Stewart Macaulay.- Part II The Uncollected Papers of Stewart Macaulay.- The Use and Non-use of Contracts in the Manufacturing Industry.- The Standardized Contracts of United States Automobile Manufacturers.- Access to the Legal Systems of the Americas: Informal Processes.- Professional Competence and the Law.- Lawyer Advertising: Yes But . . . .- Private Government.- Long-Term Continuing Relations: the American Experience Regulating Dealerships and Franchises.- Wisconsin's Legal Tradition.- The Impact of Contract Law on the Economy: Less Than Meets the Eye?.- Introduction.- Introduction.- Part III Core Works on Contract.- Non-Contractual Relations and Business: A Preliminary Study. Elegant Models, Empirical Pictures, and the Complexities of Contract.- An Empirical View of Contract.- The Real and the Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules.- Part IV Core Works on Law in Context and New Legal Realism.- Law and the Behavioral Sciences: Is There Any There There?.- The New Versus the Old Legal Realism: Things Ain't What They Used to Be.- A New Legal Realism: Elegant Models and the Messy Law in Action.