The Big Picture of Contracts
One of my students told me this week that, having googled “contracts and big picture” in an attempt to get a better sense of the course at a 10,000 foot level, the search returned a disappointing null set. This seemed like a hole worth filling. The big picture of contracts follows, after the jump.
Kidding. (But thanks to this person, who made the drawing.) Seriously, is it possible to have a big picture of a course which, artificially & for pedagogical purposes, lumps together cases from scores of jurisdictions across time, space and ideology, mixes in a “Uniform” Code, a non-binding restatement, and a set of merely default rules? Oman says that Rawls can help re-glue Humpty Dumpty. I’m less convinced that the project of unification is worthwhile. Better to be particularized & grounded in courts’ culturally contingent values than to search for a single theory – a big picture – that will flatter every case students read. What do you think?